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Ask the bank what they require for the POA to be recognized. They may have their own form that needs to be signed, which literally defeats the purpose of having a DPOA in the first place. Perhaps you can have mom sign the bank form and have it notarized in her more lucid moments. Or you could just sign the checks as POA, without notifying the bank. If none of these work, then you may have to get a lawyer involved. Many states have laws requiring a bank to recognize any validly executed POA, and the bank may not budge without the threat of a lawsuit.
Tthanks Alfred, all the problems at M &T bank(My moms bank) were a result of personality judgement on the banks part. My mom has gotten very emotionally sensitive and cries at the drop of hat. Long story short my sister wanted to come and when she questioned my moms decisions my mom got very upset,....I stepped in and the bank thought I was too controlling and then I got upset and walked out because the bank would not let me and mom sign their POA form. They asked for her will which I provided but kept making excuses for us not signing the papers. We all got up and left and the next day the bank sent 2 people to my moms home and questioned her if I was abusing her or causing her harm. They told her they would investigate me and would ask my sister about me. We have not gone back to her bank since. My mom is 95yrs and pretty well on top of things . When my Dad passed she appointed me, as her lawyer suggested too, as her DPOA and executrix on her passing. Out of 3 children , i am her oldest and the most reliable and dependable and she has always felt secure in my decisions. This whole ordeal has left our family split. I am still there for my mom and talk every day. As for my siblings , they want nothing to do with me. My lawyer assured me that everything my mom and they discussed cannot be denied by her bank as they will take action. Unfortunately , my lawyer informed me that these problems arise when siblings do not communicate. I do not want my mom to ever pass as I do not look forward to what's to come. I've done all I can do and put it in God's hands now.
Dottie, the Will has nothing to do with a DPOA document. Are you trying to get the bank to accept your mother's will or a DPOA?
You don't mention dementia in your profile, so I'm assuming it's not an issue. Is your mother mobile enough that you can take her to the bank and open a joint checking account? This would circumvent the DPOA issue.
Thanks to all who answered. I did find out her bank requires their own notorized form for POA. Also, im sorry for the confusion as to the word "will". I actually did mean the "document will". Thanks again.
Thanks to all who answered. I did find out her bank requires their own notorized form for POA. Also, im sorry for the confusion as to the word "will". I actually did mean the "document will". Thanks again. FYI ....if i add my name to my moms accts , her income will reflect on my financial status as "my" income also. Also found out not s good idea for childrens names to be added to money accts as this works both ways and could be harmful if there wss ever a lawsuit to either party as this now becomes joint money. P.S. Thank God my mom is still living and just needs some assistance with writing out her bills.
Dottie, thanks for the clarification. I'm wondering though why a bank needs to be involved in a will at all, unless it has some executive capacity. Or is the issue that it won't cooperate in creating accounts to carry out the terms of the will (which isn't in effect now anyway)?
I don't believe that your mother's income will be reflected as yours as well. Based on experiences and advice of our bank, the individual whose name is first on the account is the one to whom interest income or other income is attributed for tax purposes.
I raised this issue specifically b/c I wanted any interest attributed to me, as my income was much lower than Dad's and I rarely had to file federal tax returns.
Dottie, when Medicaid gets involved any accounts with Moms name are considered hers. A lawyer recommended I take her name off my nephews account because of this. With a POA I understand that you don't need your name on the account. POA gives you the authority to sign her checks. And when you do...make sure POA is behind your name on checks and any legal papers you sign for Mom.
A Will doesn't come into effect until Moms death. The POA will stop and the Executor will take over.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Hopefully the OP will return and clarify. So often we never hear from people after we answer.
You don't mention dementia in your profile, so I'm assuming it's not an issue. Is your mother mobile enough that you can take her to the bank and open a joint checking account? This would circumvent the DPOA issue.
I don't believe that your mother's income will be reflected as yours as well. Based on experiences and advice of our bank, the individual whose name is first on the account is the one to whom interest income or other income is attributed for tax purposes.
I raised this issue specifically b/c I wanted any interest attributed to me, as my income was much lower than Dad's and I rarely had to file federal tax returns.
A Will doesn't come into effect until Moms death. The POA will stop and the Executor will take over.