Can a POA w/DPOA share a savings and checking account with their parent? Can POA be an authorized user on principle’s credit card?

I was POA for a friend I helped. I got the POA before the Dementia set in. I got added to her checking account. It really helped when paying her monthly bills when she was in and out of the hospital after surgeries and time spent in nursing homes. When she passed away, it made paying final bills so much easier. There definitely has to be a high level of trust and respect between both parties. In my case, it worked out well.

See an elder law attorney. Adding a name to account as co-owner of that account is INCORRECT management as POA. The POA should be added only as a POA and the POA is accountable TO THE COURTS for every single penny into and out of an elder's account.

If you suspect a POA is unaware of their fiduciary responsibility or is unable to do it, then you should see an elder law attorney with your evidence and should file a request that the court examine the records of the POA.

I was on my Moms account. Not sure how it was worded. The big thing is never co-mingle your money. When Medicaid gets involved any bank acct with the recipients name on it is considered the recipients. Then you have to prove what is the other persons.

Are you the POA in question? If not, who is?

I am joint on my mom's checking account but I don't spend any of her money on myself. Now that the DPOA is activated due to incompetency, I sign her checks as her DPOA.

Did mom give POA a credit card before she became incompetent? If so, I guess it's OK. I doubt that it's illegal but the POA should be keeping good records as they may be called upon the carpet to prove that they paid for their expenses and not your mom. So it can be pretty messy and kind of a nightmare to keep track of. I would not recommend it and would try to change this situation.

Good luck.

As I understood this in my state, the expenditures made by the POA were made, and MUST be made, solely for the care and benefit of the person originally granting the POA.

Depending how the DPOA is worded, yes the bank can add you as a joint account holder. My mom’s bank wanted to add me (their reason was sound) but I said no because I don’t want any questions from anyone about WHOSE money it is. Instead, I was added as the POA on her bank accounts. While she’s alive, I can sign checks for her and do all financial transactions on her behalf. Her CC is hers, not mine. We use it only to pay for her goods and services. And I keep a file with receipts, invoices, etc. With your question on the CC, I don’t think someone else can be authorized. My mom’s bank actually issued me my own debit card on her checking account, because they did not want me to use her debit card to take out cash (for her) at the ATM. On her CC, they were ok with my using it to pay her bills but they would not add me as POA to that card, so I cannot see her CC statements online. But I CAN receive her CC statements by mail. It’s weird.

Talk with her bank. They’ll advise what can and can’t be done.

Yes. I had to send the financial institutions POA proof, and in some cases go to the institution to add me. Took months, but if you need to access those funds for their care and they have dementia and cannot consent, you must be listed on the account. Checks signed by you are followed by “POA” in the signature line of their name is on the check.

These matters need to be clarified with an elder / estate / trust attorney.
And, call the credit card companies, although do not rely on them for legal authorization.

Gena / Touch Matters

Guess I did not read the second question. IMO to be on the card would mean you only use it for buying things for the person who assigned you POA. You buy nothing for yourself. The debt is the principle credit card holders responsibility. I am the only one authorized to add someone to my card.

Are you sure you should be handling the principles financial matters?

You can open a checking account with anyone you want on it whether they are a POA or not. I’m fact, if you are NOT the POA then it is simply a joint account. If you ARE the POA then you don’t get added to the account per se you just have the ability to conduct transactions on behalf of the account holder. To illustrate the difference, if it is a joint account you will get your own ATM card but if you are POA then you will not. You will continue to use the ATM card of the account holder.

As for credit card, the same thing is true but slightly different. If you are an authorized user then the account still belongs to the account holder BUT you will be issued your own credit card. People often do this for their children.

So the answer to your question is “Yes” but it is not clear what you are trying to do or what motivates your question.

Are you wanting access to pay bills for the principal or to use for your own purposes? If the former then just acquire POA on the accounts. If the latter, I would not advise commingling funds and transactions.