My brother was 36 years old being stroke, still read, listen and understand, but cannot write and sign document, how to do procedures to withdraw deposits in the bank?
Post date: 20-06-2015
Being stroke, how to withdraw deposit in the bank?
Sub-Article 22.1 of Vietnamese the Civil Code 2005 specifies loss of civil act capacity “When a person is incapable of cognizing or controlling his/her acts due to mental disease or other ailments, the Court may, at the request of the person(s) with related rights or interests, issue a decision to declare such a person as having lost his/her civil act capacity, based on the conclusion of a competent medical examination body. When there is no longer a basis for declaring a person as having lost his/her civil act capacity, the Court shall, at the request of such person him/herself or of a person with related rights or
Interests, issue a decision to revoke the decision declaring the loss of civil act capacity”.
Based on above provision, your brother is only restricted some capabilities such as writing because of a stroke, but he still remains lucid intellect, capable aware of the case should not be loss of civil act capacity as defined above. Your brother has the right to withdraw his deposit at bank. However, since he is unable to sign documents of deposit withdrawal transactions in bank, your brother may authorize others to carry out such transactions.
However, your brother is restricted some capacities, then authorization must comply with some specific provisions. In sub- Article 47.2 Law on notarization 2014 stipulates: “In case notarization requesters cannot read, hear, sign or press fingerprints, or in other cases prescribed by law, witnesses are required during notarization. Witnesses must be full 18 years or older, have full civil act capacity and have no rights, interests or obligations related to the notarization.”
Thus, your brother was stroke, still read, listen and understand, but unable to write and sign documents, he may authorize another person by notarization procedures to withdraw deposits in banks.