Follow
Share

I have power of attorney. so does my brother.. I live in the same state. .he does not. Do i have to consult with him about every purchase I make? Do I have to have mom sign every check? She stated in her power of attorney that she wants me to be able to pay her bills..

This question has been closed for answers. Ask a New Question.
GardenArtist offered valuable information. In my state, what I had to do was sign my mother's name on the check and beneath that write "by....my name, POA." This was a durable POA with me listed first and then alternates. The bank had a copy of the POA - that can be important. I'd check with the bank that you would use.

Take care,
Carol
Helpful Answer (0)
Report

Depends on how the POA establishes the two of you as proxies. Are you appointed jointly and required to concur on actions, or can you act independently of each other? If the former, you likely would have to agree on actions. If the latter, you don't.

Are you named as joint signatory on her checking account? Or is there a checking account on which you're identified as a acting under a POA? If not, I think you'll have to have your mother sign the checks as the bank might refuse to honor them if you're not identified in some way. You could call them to be sure though, but you should also be prepared to provide them with a copy of the POA.
Helpful Answer (5)
Report

It does seem to vary from state to state and from bank to bank. I am in Michigan. My brother and I are both signers on my parents' accounts, but we do not have any ownership of the accounts. Either of us can sign a check, but since I'm the closest one and the one managing everything, I sign what checks I personally process. I do keep him informed about my spending, and he's comfortable with that. I have as many bills as possible on automatic pay, and I pay other bills online. The bank has the POAs on file. Talk with someone at the bank and find out what they require so you can manage the money. After my mother got out of rehab, she decided that it was nice to not have to worry about paying bills. This was eight years ago, and I've been doing it ever since. Once all this was established, she has occasionally demanded the checkbook back, and I've told her no. Her frustration passed. One thing she does have is a credit card. She can no longer go to stores to shop, so she orders things from catalogs. I told her there is a $200 limit on the card, and she usually spends under $50 on any order. Hope these experiences are helpful.
Helpful Answer (4)
Report

As POA you will most need to take the POA documents to the bank and they will advise on how you will need to proceed. My company acts as a POA and we have to open a separate POA account and endorse checks as POA for the name.
Helpful Answer (2)
Report

You need to check with your bank. Although it is illegal in some states at least many banks do not honor POA. In my state Citibank said, "there is no such thing as POA" (ignorant way to say POA has no power in their bank) I had my name added to my father's bank account. It is done in a manner that does not effect my credit in case he causes problems on his own. I do not have check signing power but have my own debit card. I pay his bills online direct from his account or I draw cash to reimburse purchases and payments made with my CC and bank account. I maintain very clear accounting on all transactions.
Helpful Answer (2)
Report

In MA you can't have two POAs because the two may not agree...this is to avoid conflict. If you have POA, even jointly, you can sign your mothers name then yours with the POA designation after it.

Angel
Helpful Answer (2)
Report

When I became the first power of attorney for friends of mine, the first thing I did was go to the bank with them to have my name added to their account so I could sign checks. I get all their bills sent to my address now and pay them with their account, signing my name and adding POA after it. I monitor their checking and savings on-line to keep track of the balances. The wife has since died and the husband remains in their memory care AL apartment. This approach has worked very smoothly. I do periodically email the other two POAs on how things are going, so they are kept in the loop and could step in if I am traveling or otherwise unable to take care of something that comes up. So far, so good. The bank was relieved when I took over things because my friends could no longer keep things straight about their money and kept phoning or coming in to check on their accounts. When I get checks for my friend, I bring them to the bank to deposit so they see me and are reminded about who I am and what I am doing.
Helpful Answer (2)
Report

Sure you can sign checks. Just sign her name with "POA" at the end, or "Attorney-in-Fact" with your name. Give a copy of the POA to the bank just to be on the safe side. Whatever your co-POAs have stated, then that is what you must do. If there is no actual wordage, and you and he discuss you need to buy things without consulting him every time, then don't consult him. I'm sure your mother meant him as a backup in case you could not honor your responsibilities, got ill, etc. I have no problems signing for my husband and I will say you need to be forceful about these people who want to tell you you cannot sign. Either carry around your POA, or don't shop at the places who refuse to believe you. Everyone wants to play t.v. court judge! Sign.
Helpful Answer (2)
Report

Remember, POA ceases at the moment of death. It carries no authority with Social Security, so you will need to also be appointed the persons Representative Payee by SSA if you want to change anything or get information. Otherwise you must go through that person, first, before they will agree to speak to you and give you any account info!
Helpful Answer (2)
Report

Yes, I agree, Social Security does NOT honor a POA and you need to take the person inside with a signed letter from a doctor that they can no longer manage their affairs. Chase bank required me to open a separate account for my husband, with his name and then my name as Rep Payee. I get separate statements every month which makes it really great because you will have to report what you did with the money to Social Security yearly.
Helpful Answer (2)
Report

See All Answers
This question has been closed for answers. Ask a New Question.