hi so I have researched POAs but its still confusing. Can the agent who is POA help parent in getting bills paid? In otherwords does POA in file allow daughter or son to acess to parents bank accounts? thanks
step90, I was my Dad's power-of-attrorney, and my Dad and I stopped at the bank where I explained that I was going to take over paying for Dad's bills using his bank account.
I presented the Power of Attorney [bank scanned the POA], and after the bank asked my Dad [94] a few questions, the bank had me sign a signature card. The bank then ordered new checks for us to use, which said "John Doe or Jane Doe" [your real names, of course, will be used].
I realize that not all banks will do this process quite as smoothly.
Steph, before I had POA for my dad, I did online banking for him. I got his verbal permission to set up bank checks and then I managed everything from there.
Don't get into to many details with mom and dad about the online stuff, just get permission for access. Make sure that you don't do anything questionable and you will be okay. Not saying you would, just a precautionary warning to not do something that could be questioned by anyone. Example: I paid my dad insurance and phone with my credit card and then withdrew cash to pay me back, big no-no if anyone would have questioned the withdrawal. Thankfully it was just me and my dad knew what I was doing and agreed.
Then get a DPOA, asap, do not get a general POA, they don't give you the authority you need when you need to intervene for their well-being.
You should seek an attorney's (elder law) advice because this is a legal fiduciary duty with legal fiduciary responsibility and it is important to understand. A POA for FINANCIAL can, as some here mention, be pullled off a computer, and witnessed or notarized. They will not hold up often enough when you go to implement them, and if the elder has gone into dementia it is too late for them to do another. Do yourself a favor and take the hour time and money it takes to get an ironclad good POA if you decide to do this. For this you and the person who wishes to confer POA on you (your Dad) attend an attorney together. A Financial POA means that you will take over paying all bills and handling all accounts. You will sign all checks as the elder's name, followed by your name with "under POA"or as POA in fact. That means that you will contact EACH entity from power bill to water bill to mortgage and inform them you are serving as POA for ___________ and you will have to include your papers. The papers themselves will say exactly what you are empowered to do even up to and including selling real property. Files and meticulous logs must be kept for every penny in and every penny out. It will be important to be on the account as the POA not as sharing the account. If the elder is semi competent and wants a small account of their own for incidentals that is fine if they can keep records. You can see an attorney paid for by the person who wants you to serve as POA. The person who asks you to be POA must be COMPETENT to designate you. You operate at their instructions (for instance my brother made me Trustee of Trust and POA and asked me to handle all his accounts and bill payments) while they are competent and in their best interests if not. If you feel incompetent to do this (it's a big job and doesn't even cover Social Security and the IRS which require their OWN papers) then ask that a Licensed Financial Fiduciary (NOT investment person) handle this. They charge approximately 90.00 an hour and usually can do what is required after setup in an hour a month or so. Do look up on the internet the duties under the law of serving as POA. Good luck and best wishes. Also know that ANYONE who is willing can help with checks and bills if asked. A friend helped my aunt monthly until her death. They went through all her mail together weekly. But they cannot sign. And if they are embezzling they are in legal peril.
Just looking over your bio. It says you only have POA for healthcare. You need financial for banks. and then some banks won’t take the Financial POA you have. They want you to use the bank sanctioned one. Did you find an elder attorney?
I presented the Power of Attorney [bank scanned the POA], and after the bank asked my Dad [94] a few questions, the bank had me sign a signature card. The bank then ordered new checks for us to use, which said "John Doe or Jane Doe" [your real names, of course, will be used].
I realize that not all banks will do this process quite as smoothly.
Don't get into to many details with mom and dad about the online stuff, just get permission for access. Make sure that you don't do anything questionable and you will be okay. Not saying you would, just a precautionary warning to not do something that could be questioned by anyone. Example: I paid my dad insurance and phone with my credit card and then withdrew cash to pay me back, big no-no if anyone would have questioned the withdrawal. Thankfully it was just me and my dad knew what I was doing and agreed.
Then get a DPOA, asap, do not get a general POA, they don't give you the authority you need when you need to intervene for their well-being.
A Financial POA means that you will take over paying all bills and handling all accounts. You will sign all checks as the elder's name, followed by your name with "under POA"or as POA in fact. That means that you will contact EACH entity from power bill to water bill to mortgage and inform them you are serving as POA for ___________ and you will have to include your papers. The papers themselves will say exactly what you are empowered to do even up to and including selling real property. Files and meticulous logs must be kept for every penny in and every penny out. It will be important to be on the account as the POA not as sharing the account. If the elder is semi competent and wants a small account of their own for incidentals that is fine if they can keep records. You can see an attorney paid for by the person who wants you to serve as POA. The person who asks you to be POA must be COMPETENT to designate you. You operate at their instructions (for instance my brother made me Trustee of Trust and POA and asked me to handle all his accounts and bill payments) while they are competent and in their best interests if not.
If you feel incompetent to do this (it's a big job and doesn't even cover Social Security and the IRS which require their OWN papers) then ask that a Licensed Financial Fiduciary (NOT investment person) handle this. They charge approximately 90.00 an hour and usually can do what is required after setup in an hour a month or so.
Do look up on the internet the duties under the law of serving as POA. Good luck and best wishes.
Also know that ANYONE who is willing can help with checks and bills if asked. A friend helped my aunt monthly until her death. They went through all her mail together weekly. But they cannot sign. And if they are embezzling they are in legal peril.
Did you find an elder attorney?