Mom is in South Carolina. Children are in Michigan and the bank, Comerica, is only in SE Michigan. She was so independent that she didn't want anyone near her finances, but now we have to get access to pay her bills since she is in hospital and declining rapidly. Comerica won't reset the online portal that she must have set up years ago with another email. My husband went into the bank with Power of Attorney paperwork and thought he had resolution, but they won't give access without her verbal confirmation. When she was able to call they told she could not do this over the phone. She is in hospital in SC and the only branch is Michigan. Kids are leaving for SC but that doesn't solve the banking issue. How can they get access to pay her bills? Or will this be locked if she passes and there will be no funds available. There is a will but no Trust.
If you can create a new email for your mom and then with that create a completely new online access at that bank (assuming you have her account number), that's what I'd attempt to do in the interim, since you are her legal PoA.
But the problem is to get entered on the account as POA. It seems this was done already according to you. Now the POA needs to be sent to all billing entities, to let them know bills must come to you.
I am assuming that all the paperwork was passed off on by the bank. If the was a POA that stipulated you needed two MD letters that person cannot act for themselves, then the bank must give POA; it is usually written right in the POA it is illegal for a bank not to comply with a legal POA. And you are sadly correct. The POA must do this work in person or in a branch. Until all this is done the bills sit, though you can let the billing entities know where this stands. Meanwhile what would they be able to DO but ruin her credit? She doesn't NEED credit. So this will eventually get done. See an elder Law Attorney in her area to make sure you have all the correct papers, as well.
I am not certain what you mean by "get access." You don't NEED access. You need to pay her bills. That is done by writing a check, signed with her name, and with the POA signing as POA.
The elder's money pays for the attorney as well, so see one, make certain the POA is all ready to go with a letter of certification, etc and with the MD paperwork if it was stipulated.
It will basically all be a pain. I did it so I know that. But it is a matter of calling all billing entities and getting it straight and sending copies, keeping files, being meticulous in your record keeping of all monies into the account and all monies out. The bank statements should be coming to you as well if the elder is no longer willing/or able to function to do any banking.
My letter came from a geriatric behavioral psychiatry practice, but you could also probably use any trusted medical or behavioral professional agency.
I asked for an officer as soon as I entered the bank, stated succinctly why I was there and what I needed, and then waited until the change in the account that was requested was completed.
In my two experiences as POA I have had checks printed with my LO’s name and my name- POA. In my present situation, there is a second POA listed, who writes a single check per month.
There is now an online account which receives social security and pension checks and also interest.
We started at several accounts, and now ALL of LO’s accounts are consolidated in this single one, which is not co-mingled with any other CHECKING accounts- HER EXPENSES ONLY.
THERE IS a savings account, indicated as LO and her two POAs. All withdrawals from that account appear as deposits into the checking account.
Hope this is helpful to you.
This is a lesson to all who think they have power of attorney for their loved ones. In the eyes of their banks, you don't.
I agree with Ann. You need one of the doctors or even the DON to write a note on their letterhead saying that Jane Jones is in their Hospital and not competent to handle her own finances or able to give permission by phone.
If it comes her bills don't get paid, they don't get paid. You call her creditors and tell them the situation and that you are trying to resolve it. If she passes and has a Will then the Executor will take over. He/she will go to probate and get a short certificate allowing them to get to Moms accts and pay bills. No Will, an Administer can do the same thing.
I agree, make an appointment at the bank with the official/bank officer working with POAs and find out exactly what you need to get her business taken care of. Have the hospice doctor fax a letter (if the bank will accept a fax and if mom is competent have her sign a statement.)
If mom dies before the bank puts the POA in effect, then the account will become a part of her estate and depending on mom's estate - you'll need to go through probate or get "short letters" to wind up her estate. If mom has no estate other than the bank account other methods are open to the family.
The one item I never resolved was a check dad failed to negotiate from a stock dividend or; they also reissued the check and he failed to negotiate that one too. They wouldn't take the POA and they wanted a specific document which I couldn't find anyone to issue - when I found out the check was for $45 I just threw up my hands and told the investment company to keep the money. I guess I should now be checking the state's unclaimed property for that money.
Sorry for all this during this stressful time.
I deal with alot of banks with work and I can honestly say Comerica is one of the easiest to deal with.
If no one can gain account access, you could pay your mother's bills out of your own funds and then re-imburse yourself from your mother's estate after she dies.