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My sister and I have a power of attorney for my mother who has dementia. It states "jointly". The banks have advised us they will not honor because it says "jointly". We need to take control over my mom's finances and are not able to. Mom has refused to go to the bank and put us on her accounts. We can't get her to change the power of attorney. What can we do?

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WellsFargo, right?

We had the POA redrafted, so that we now serve “independently”. I’m in charge of visiting, medical issues and care, purchasing for her, paying her bills, managing most of her finances, decorating for her comfort at the AL, and her chocolate.

The “other” POA is in charge of whining about how hard this all is, complaining about decisions I make, visiting once a week (when convenient for her), complaining about how I
“spend LO’s money”, harassing her very caring staff, and planning to move 2,000 miles away.

All balances out, LOL.
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wendyalf Mar 24, 2019
The problem is is that my mom will not redo the POA.
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wendyalf: The wording of the POA paperwork is important. Let's say, your mother's POA paper may state you and your sister have her Power of Attorney to jointly handle her affairs, but the paperwork should also state when you actually have "the power".

For example, my mom's POA to me clearly stated it was in effect immediately. I had her power of attorney to act on her behalf as soon as she signed it and it was notarized.

Many POAs (like mine) states my designated person does not have the power to act on my behalf unless I am "mentally incompetent as attested to by a physician or otherwise incapacitated." In other words, he has a copy of the POA but he can not implement it unless/until I'm incompetent per a doctor.

As tacy022 said, each bank has its own POA paperwork. Please check with the BOA and WF for theirs.

Hopefully your mom will eventually change the POA and/add you two to her accounts so it's easy for you and your sister. You don't need any more hassle.
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There are many reasons a bank can refuse to honor a POA paperwork. Most banks have their own paperwork. Since she has only been declared incompetent by one dr, you can take her to the bank to fill out the proper forms or get the forms and have an attorney help fill them out.

The just taking over online is shady.
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Is the POA implemented? In other words, does the POA state you and your sister must have, say, statements from two doctors that your mother is not competent and thus fulfills that protection (for your mother) and the POA takes effect?

If you have everything legally to implement the POA, and your mother refuses to complete another POA that satisfies the bank, then I'd would do all Mom's banking online. As needtowashair stated earlier, I'd do this all online. If the POA is implemented, you don't need your mother's approval.

Go to the bank's online site and register, well, you must have the account numbers. I hope you do.
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wendyalf Mar 23, 2019
Thank you very much for your response. Not sure what you mean by POA implemented. It says that we have to act "jointly" therefore Bank of America and Wells Fargo say they can't accept the POA. She is refusing to redo the POA. We have only 1 doctor note that declares she is incompetent.
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A competent lawyer would warn you of that. Financial institutions may not accept the POA, jointly held or not.

You don't need to have your mom to go to the bank to put you on her accounts. It's really easy to do it from home now. Do it all online. That makes it super easy for her. Set it all up and just have her give approval by pushing a button.
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wendyalf Mar 22, 2019
How do we go about doing that? Mom does not want to do this.
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This comes up on the forum periodically, you may find some good ideas if you search the forum - I found a good article from the New York Times about this:

https://www.nytimes.com/2016/05/10/health/finding-out-your-power-of-attorney-is-powerless.html
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wendyalf Mar 22, 2019
Thank you.
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