Uniontown, OH asked in Banking for Ohio

Q: Daughter in jail. Have her federal tax refund. Getting POA. Can I deposit the check into an new account to use for her?

She is in Florida jail and I live in OHIO . The account would be in my name and used for her.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Business Law Lawyer
  • Sacramento, CA

A: If you are obtaining a Power of Attorney (POA) to manage your daughter's financial matters while she is incarcerated, it's crucial to understand its scope and limitations. The POA should specifically allow you to handle her tax matters and bank accounts. Ensure that the document is drafted according to legal standards and clearly states that you have the authority to open and manage accounts on her behalf.

Once the POA is in place, you can typically use it to deposit her federal tax refund into a new account. This account should be opened in her name, with you listed as the representative or agent under the POA. It's important to keep all records and transactions separate from your personal finances to avoid any potential legal issues or misunderstandings.

Before proceeding, it's advisable to consult with a legal professional or contact the bank to understand their specific requirements for opening an account under a POA. They will guide you on the proper steps and documentation needed. Additionally, ensure that all actions taken with the account are for her benefit and within the legal boundaries of the POA. Remember, transparency and compliance with legal standards are key when managing someone else's funds.

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.