Moroccan court orders bank to release elderly client’s funds amid health concerns

A court in Nador has ordered a bank to release the full balance of an elderly client’s account, ruling in favor of the man who suffers from Parkinson’s disease and limited mobility. The court imposed a daily penalty of 200 dirhams ($20) for delays in execution, following a lawsuit over the bank’s refusal to release the funds due to a signature mismatch.

The plaintiff, whose pension is deposited into the account, filed an emergency motion with the court. He argued that the bank’s refusal caused immediate harm, as he needed the funds to cover living expenses in a nursing home. Supporting evidence included a medical certificate confirming his condition and documentation of the disputed account.

The bank defended its actions, citing concerns over fraud given the plaintiff’s age and illness, which it said might compromise his legal capacity. The institution suggested alternatives, including debit card usage, electronic transfers, or fingerprint verification, but the plaintiff insisted on withdrawing his pension in full.

The court ruled that the bank’s refusal constituted undue harm, requiring urgent judicial intervention. Citing Moroccan Civil Procedure laws, the judge emphasized the plaintiff’s urgent need to access his funds, particularly as they are essential for daily expenses.

“The bank does not dispute the plaintiff’s identity as the account holder,” the judge noted. “Therefore, it has no legal right to deny access to his funds, especially when the account serves as a pension deposit vital for his livelihood.”

The court further stated that health issues like Parkinson’s disease are insufficient grounds for denying account access. It advised the bank to verify identity through other means, reaffirming that signature verification is intended to confirm identity, not obstruct access in clear cases.

The ruling highlights the importance of accommodating individuals with disabilities in accessing their financial resources.