Q: Can someone other than the durable power of attorney be on a bank account for a person with dementia?
My brother is the durable power of attorney for my mother with dementia but has my sisters name on all of her bank accounts and not his. Everything I have read said that he should be the only one on the account, is that true?
A: No. Ask yourself this question: Before your mother had dementia, would it have been alright for her to include your sister's name on all of her bank accounts? A durable power of attorney gives the attorney-in-fact (your brother) the same rights as the person who signed it (your mother).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
