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I was a caregiver for an elderly gentlemen.His daughter is...

A fellow caregiver asked...

I was a caregiver for an elderly gentleman. His daughter has his Power of Attorney. I have not cashed a personal check that they issued to me for the services of taking care her father. She told me I better cash it in case he passes away because then the bank will freeze his account and I wouldn't be able to get the money - is this true?

Expert Answer

Steve Weisman hosts the nationally syndicated radio show A Touch of Grey, heard on more than 50 stations, including WABC in New York City and KRLA in Los Angeles. He is a practicing lawyer specializing in estate planning and is admitted to practice before the United States Supreme Court. He's a public speaker and commentator who has appeared on many radio and television shows throughout the country, and he's the legal editor of Talkers magazine, the preeminent trade publication of talk radio. His latest book is The Truth About Avoiding Scams.

His daughter is giving you good advice. Generally, a check may not be cashed by a bank if it is drawn on an account of a deceased person. It is always a good course of action to cash checks as soon as you can, but if there is a possibility that the person who drew the check may die, you could be in a position where in order to be paid you would have to make a later claim against the estate. Cashing the check promptly is quicker and simpler.

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