The need to safeguard oneâ€™s property is inherently present in each person. When it comes to keeping oneâ€™s valuables or cash safe, the most common option that comes to is a bank. Money is kept safe by individuals in private lockers and banks. Right from opening an account to depositing cash in an account to transferring such money from one account to another, a set of instructions are given to the bank and taken from them by the customer. The ability to follow such instructions and give such instructions determines whether the customer is mentally competent or not to operate a bank account. The individual can be a lunatic or a mentally incompetent person as per the laws in force in the state. The capacity of an individual to recognize, store, and comprehend relevant details in respect of such transactions is extremely important. In the case of being mentally incompetent by the bank, the customer can appoint a power of attorney holder for all such transactions or ask for assistance from the bank to help him with banking activities as per the prevailing law. The bank must see that their customers’ bank account is not misused by anyone else on either end, i.e., from the bank or anyone on whom the customer places his trust. Red flags should be raised immediately in such situations, and such transactions should be properly investigated. The bank should be proactive in such situations and help the customer with his finances. Proper training and sensitization should be provided to employees of the bank for handling such customers. Certain principles need to be followed by such employees in interacting with mentally incapacitated customers to transact their financial business smoothly.
Customers who are mentally incapacitated or have a declining mental ability cannot make rational and sane decisions or are losing the ability to make such decisions due to some underlying medical conditions affecting the brain. Diseases such as Alzheimer’s, dementia, psychological depression, and others may be permanent, temporary, or wavering in nature. It is pertinent to note that the abovementioned condition can no way be interpreted by oneâ€™s assumption of an individualâ€™s physical appearance, age, or behavior. Such customers are at the liberty of appointing and authorizing another person to act on their behalf and manage their finances through a power of attorney or by authorizing them to be their caretaker or close relative. Example: Person â€˜Aâ€™ is suffering from dementia and has intimated his bank accordingly about his condition. The bank can suggest that he authorize his close relative, like his children, to act on his behalf for his financial transactions.
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