If my sister has power of attorney, can she use the money in my parent's checking account?

There are a number of picky details that may affect the legality of making the house and tax payments here.

The first is whether the mother's name is still on the title to the home"”or whether she has habitually continued paying the taxes and home costs with her own money. If so, there is a better legal argument to be made that these expenses should continue to be paid from her checking account.

Another question is whether the power of attorney has actually taken effect. Some are crafted to take effect immediately; some only when the person for whom the POA is made has been formally declared to be mentally incompetent.

If the POA is in effect, the daughter should have no trouble writing a check for the home expenses. This should also be true if she is on the bank account as an additional authorized signature, or if she is a joint holder of the account"”two common scenarios when a person is named POA. Some banks are also willing to set up temporary check writing privileges when the main account holder is not easily available. If she pays, the daughter should keep good records and receipts, however, in case she would ever need to prove why and how the money was spent.

If the mother is in the nursing facility temporarily but it still of sound mind, the POA is not in effect, and the bank is not willing to set up a temporary arrangement, then the daughter may need to take the checks in for the mother to be signed"”and to lobby for a differently-worded POA that would authorize her to do these check-writing and paying tasks on the home.