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Do I still have financial power of attorney after the death of my mother?

8 answers | Last updated: Jul 21, 2014
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Q
An anonymous caregiver asked...
I had power of attorney over my mother and her bank accounts when she was alive. Now that she has passed away, I'm trying to obtain the bank statements to determine suspect activity by a sibling. Do I still have power of attorney after death, and a right to view those statements? How long does POA last after death?
 

Answers
Caring.com User - Barbara Kate Repa
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Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of WillMaker, software enabling consumers to...
91% helpful
answered...

Your power in the power of attorney ended when your mother died. And banks have slightly different policies about who they will allow to get access to a deceased person's See also:
What is my first step in administering a will for my mother?
account.

If the bank has no separate authority to give you access -- for example, your name with on the account as a joint owned or you are listed as an authorized signator -- then many of them will allow only an executor of a will to access the accounts. To accomplish this, the executor must present bank officials with a formal legal document usually called Letters Testamentary that the probate court issues.

Other banks will allow access if you are able to present a notarized Affidavit of Assumption of Duties, which is a simple statement giving date of death, accompanied by a death certificate.

But if your real concern is that your sibling is siphoning the funds without any authorization, your best immediate bet may be to go to the bank authorities and inform them of the death, presenting a death certificate. This will effectively freeze the account until proper access and ownership can be straightened out.

 

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An anonymous caregiver answered...

The question isn't do I have POA over the accounts; of course that is no, that expired when she passed away. The question is don't I have a right to see the statements because I was POA on the accounts.

 

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5% helpful
An anonymous caregiver answered...

I will someday be in a similar situation, but the POA is also the executrix of the will. Will she be able to take everything?

 

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An anonymous caregiver answered...

I am in the same situation and I would like to know this as well.

 

cbs answered...

If there is a legal will made out, the executer has to follow the will. You have legal recourse if the will is not followed.

 

jbd answered...

i was power of attorny and proxy no problem with the banks but ran in to trouble with siblings going on moms property had to change locks on doors almost filed a restraining order.i ordered a moving company and pot every thing clothes pots an pans didnt even empty out yiur drawes after dust settled we oppay uoy of myend the locker but im still getting mom bills back taxes rent utilyies i dont have mony to pay cause she had no life inc. so i had to pay out of my pocket $12000 i hope they dont put a lean on my home to reatreve her det

 

13% helpful
DebraLHarris answered...

My father was ill and not able to priovide a Power of Attorney to me because of being in a confused state. I have taken care of his business as best as possible without an Power of Attorney. Now my Dad has passed away and I would like to know how will I be able to access his estate and to obtain any will if any and to access his community property he has with his ex wife.

 

pattycakes23 answered...

add your name to all accounts poa ends at death but if your name is on the accounts you also own it . also get a power at death on any cd's . i had my name on my mom's cd's and all cd's belonged to me when she died. did not need a lawyer kept all the monies for my siblings and me. doing all this for my childern naming them on everything they just don't know that as of now..

 

 
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