Consumer complaint received 2021-01-04
Company: FIRST HORIZON BANK
State: TN
Product: Money transfer, virtual currency, or money service
Sub-product: Domestic (US) money transfer
Issue: Other transaction problem

Complaint:
On XX/XX/XXXX and XX/XX/XXXX, I made two money transfers from account ending in XXXX into my XXXX  account ending XXXX for safe keeping until the XXXX  who was XXXX  and had been diagnosed as having an " XXXX XXXX  XXXX  '' ( see medical record ) on XX/XX/XXXX the same day it has been alleged he signed a 2nd POA revoking my agent 's power. First Horizon 's branch manger, XXXX XXXX was made aware of the XXXX XXXX medical condition and kept informed weekly as to his condition which was continuing to XXXX. XXXX XXXX, Customer Service Representative was the bank 's notary on the son 's POA & Affiant Statement. The second power of attorney was drafted and executed while I was out of town ( the original Power of Attorney ) which was a Durable Power of Attorney on XX/XX/XXXX signed and notarized in their XXXX, TN branch when he was in his right mind  and had physical strength to bring his own documents to be notarized and have them placed on the bank 's signature card that I was the POA and the POD on his account. Now, Mr. XXXX the bank 's attorney had had several meetings with me about the XXXX XXXX wishes and whether I had authorization to move the money. In the meantime a more than sixty-day hold was placed on my business bank account and I was denied access to my own account funds. And, you can see the first hard copy letter was not sent until XX/XX/XXXX which was nearly 30 days after the XXXX had passed away XXXX XX/XX/XXXX ). And after I acquired a copy of the death certificate I was denied the XXXX XXXX XXXX Benefits and told verbally that " he did not leave you anything ''. Well, as by the bank 's statements they first said they gave the money to the son because they had a court order. That turned out to not be true. Then the bank said we don't have any stamped dated documents to show they actually had accepted the son 's 2nd POA. Then the bank changed their story and said they do have those documents, but they have not presented them as evidence to support their statements. But even if they do have them the only thing that should matter now is that at the time I moved those funds, I was the only authorized signer on that account other than the Principal and I have repeatedly provided those documents. And now because the XXXX  was in the hospital from XX/XX/XXXX until his death XX/XX/XXXX and he was not contacted by the bank to verify what I was telling them about his medical condition or to contact me about the son seeking access to the father 's information. Because on the same day that a strange attorney showed up in the hospital asking a sick person to sign documents that would revoke my agent 's power the bank should be held liable for those disclosures when they had proof the customer  was XXXX. The State of Tennessee Law under the Tennessee Code Annotated 68-11-1804 states the Principal must not be XXXX at the time the revocation is revoking the first agent 's power. And, so the bank had every opportunity to see in the records that I was the only authorized individual other than the Principal on file each time I made any financial transactions and they were always signed off on by the branch manager, Mrs. XXXX XXXX. I feel I have truly been abused by the employees at this bank and I can only reason that it has been because I am a XXXX XXXX XXXX who might be seen as an individual that would not understand the legal ramifications so why waste our time explaining things to her or to the XXXX XXXX XXXX. I am very hurt over the way I have been treated and because the bank has kept changing their stories and yet they have not produced any signature cards other that the one for me, XXXX XXXX which was signed by the owner authorizing me as POA and POD. So, I would like to see any documents the bank have used to support their actions.

Company response to consumer: Closed with explanation