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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption