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We took MIL into the bank and she added me to her acct. this way I was able to sign checks for her. Not sure that was the right way to go but at the time that is what we did. Did not have POA at the time. min the meantime you can set up automatic payments, this way no one is signing a check
Hi Denny2163, sorry to read that things have gotten worse. Not an easy thing to go through or to even accept. I believe most banks have their own rules they follow but in my case for my mother I had to make an appointment with my mother’s bank and bring them the notarized POA. They took copies of it for their files and they required her to complete their form authorizating the POA. The reason they needed their form completed by my mother was to ensure that my mother was still ok with me taking care of her finances. As is well known there are people who will take advantage of people who are the most in need of help and the banks need to be sure that my mother understood what agreeing to me being the POA meant. Also who knows if she and I were getting along at the time the POA was created but since then have fallen out. In the end all the hoops were to protect the bank and their client (my mother), which I understood but it did make things more difficult. The POA was activated with the notarized POA and my mother’s completed bank form. However, at least at her bank I could sign on her behalf for most purchases for her but if the purchase was out of character or for more then about $1,000 they advised me that she would be contacted to confirm the transaction. Again all to protect her and the bank from those who do not have a persons best interest at heart (only their own interests).
if she could not fill out the bank’s form or if I needed to be able to write cheques (for her of course) over $1,000 without her verbally confirming I would’ve needed to have her declared legally incapable by a judge. i hope this helps a little.
You take your POA papers to the bank and discuss having your name added to the account as POA. Thereafter you sign bills with her name and your own such as Aunty Em by Denny as POA. You will need to keep meticulous records, as this is a LEGAL fiduciary activity in which you are acting for her to pay her bills. You should discuss having the bills sent now to your address, cancel her credit cards so that she cannot inadvertently use them in her debilitated state, and etc. Acting as POA depends on how well written your document is and what it includes, what it stipulates. For instance, a POA is not sufficient to act on Social Security checks. A POA cannot act on a Trust, and etc. The bank will examine your documents. If you are handling all checking you can arrange that checking account monthly statements come to you. Again, monthly records are crucial. Using any of these funds wrongly can cause great problems. You should see an elder law Attorney. Your Aunt's funds pay for this as this is in her best interests. You need to understand your duties before taking them up. Do know that all banks have their own rules. If the party you are acting for is so severely demented that she cannot attend the banks where she banks to help get you signed in as her POA, you will need documentation by a physician that she can not longer act for herself due to her diagnosis. Wishing you good luck. It is a lot to undertake.
Do not be surprised if, even though you are the legit PoA and have the paperwork, the bank insists you bring her into the bank so they can just know she is still alive. Wells Fargo in south FL made me bring in both my aunts who were 98 and 101 at the time, one with mod/adv dementia and the other no dementia but physically barely mobile. No matter what I suggested they shot it down -- they wanted them in person in the bank. Bank of American in south FL was ok with 2 forms of ID each (FL state ID and a valid credit card) so don't cancel her cc just yet until you know you for sure won't need it as a form of valid ID. As PoA you can physically take possession of it but I wouldn't cancel it quite yet.
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.
min the meantime you can set up automatic payments, this way no one is signing a check
sorry to read that things have gotten worse. Not an easy thing to go through or to even accept. I believe most banks have their own rules they follow but in my case for my mother I had to make an appointment with my mother’s bank and bring them the notarized POA. They took copies of it for their files and they required her to complete their form authorizating the POA. The reason they needed their form completed by my mother was to ensure that my mother was still ok with me taking care of her finances. As is well known there are people who will take advantage of people who are the most in need of help and the banks need to be sure that my mother understood what agreeing to me being the POA meant. Also who knows if she and I were getting along at the time the POA was created but since then have fallen out. In the end all the hoops were to protect the bank and their client (my mother), which I understood but it did make things more difficult. The POA was activated with the notarized POA and my mother’s completed bank form. However, at least at her bank I could sign on her behalf for most purchases for her but if the purchase was out of character or for more then about $1,000 they advised me that she would be contacted to confirm the transaction. Again all to protect her and the bank from those who do not have a persons best interest at heart (only their own interests).
if she could not fill out the bank’s form or if I needed to be able to write cheques (for her of course) over $1,000 without her verbally confirming I would’ve needed to have her declared legally incapable by a judge.
i hope this helps a little.
Do know that all banks have their own rules. If the party you are acting for is so severely demented that she cannot attend the banks where she banks to help get you signed in as her POA, you will need documentation by a physician that she can not longer act for herself due to her diagnosis.
Wishing you good luck. It is a lot to undertake.
https://info.legalzoom.com/article/how-to-gain-access-to-bank-accounts-with-a-power-of-attorney
Some banks have their own forms. Are you able to take your mom into the bank on a "good day" to get her to certify you as her agent?