What to do if a bank will not recognize my POA and will not give me access to my parents accounts because I have a default account with them?

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What to do if a bank will not recognize my POA and will not give me access to my parents accounts because I have a default account with them?

My sister is listed as the secondary Attorney-in-Fact on the POA. Can she then use this POA to access my parents accounts? What is the procedure to make this happen?

Asked on July 2, 2011 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am not really sure what a default account is.  Do you mean that you have an account there that is over drawn and that you owe fees?  That should have nothing to do at all with a power of attorney for your parent's account at all and I would think that it against the law to deny you access to the accounts. But if you want to give up your right to be the Power of Attorney and allow your sister to take the role then yes, you can do so and then she can access the accounts.  One needs to read the paperwork here to see how this can be done.  So go and have an attorney read the paperwork and help you to have her be the primary POA.  Good luck.


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