San Antonio, TX asked in Estate Planning and Elder Law for Texas

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?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

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).

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