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My father has dementia and 3 of us have co poa (with no individual authority). One of my brothers got my father to put him on his bank acct. Without the other two's consent. Is that legal?
Joint POA is never a good idea. One trusted person should be POA, not brother Bubba, cute sis Little Suzie and cousin Mordecai as co-POAs. They are bound to have conflicts of interest or at the very least different ideas about how things should be done. Also, the one in charge of dad's physical care should be the lone POA. Otherwise the person who has to make sure dad has 24/7 care and 5 packages of Depends per week has to keep asking the POA for enough money to cover expenses. If POA is, say, Cute Little Suzie, and she's off on a world tour with her boyfriend, it can be difficult to get the money.
As a veteran of being co-POA with my sister, I would never be co-POA again. Cooperation was necessary, and regardless of how my parents had thought it would be when they appointed the two of us, it wasn't always forthcoming from sis. Live and learn.
From what I understand, a POA does not have to be on a bank account. The POA gives them the right to write checks. Ask the bank. Is brother on as a POA, authorized signature or owner? How is it writtem "Dad and brother" or "Dad or brother".
What does the POA say about when it becomes active, and have those conditions been met? For example, if it says that you need a written diagnosis of incompetence from a doctor, do you have that? Did it happen before or after your father put your brother on the account? The bank wouldn't have known about the POA or diagnosis if no one had given them to the staff.
If this was done after the conditions had been met, or the conditions have now been met, go to the bank manager and ask that the other two of you be added to the account as well.
If the conditions hadn't been met, than your father was entitled to do what he wanted with the account.
The bank may have additional paperwork that all three of you have to sign.
And what does your brother say when you ask him about it? Have you asked him about it? If not, this would be my first act.
Each bank has their own protocol of how they approach a person's PoA and their agents. I've dealt with 3 and they were all different.
Did he take your Father in person to the bank and he authorized it? If you Father has only slight dementia, the bank won't pick up on this.
Did your brother take his PoA paperwork to the bank, as well as a letter from your Father's doctor diagnosing his impairment? In my experience the bank wants the original PoA paperwork and a minimum of a valid ID for your Father.
Is this brother trying to get Father's bills paid?
I don't think he needed your consent, but if you don't get a satisfactory answer from your brother I would call or go to the bank and calmly talk to a rep there to find out.
It's a shame your Dad his PoA this way. It will probably be chaos and angst unless all 3 of you learn how to communicate really well. If anyone has suspicions of the other, it's going to be ugly.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
As a veteran of being co-POA with my sister, I would never be co-POA again. Cooperation was necessary, and regardless of how my parents had thought it would be when they appointed the two of us, it wasn't always forthcoming from sis. Live and learn.
If this was done after the conditions had been met, or the conditions have now been met, go to the bank manager and ask that the other two of you be added to the account as well.
If the conditions hadn't been met, than your father was entitled to do what he wanted with the account.
The bank may have additional paperwork that all three of you have to sign.
Each bank has their own protocol of how they approach a person's PoA and their agents. I've dealt with 3 and they were all different.
Did he take your Father in person to the bank and he authorized it? If you Father has only slight dementia, the bank won't pick up on this.
Did your brother take his PoA paperwork to the bank, as well as a letter from your Father's doctor diagnosing his impairment? In my experience the bank wants the original PoA paperwork and a minimum of a valid ID for your Father.
Is this brother trying to get Father's bills paid?
I don't think he needed your consent, but if you don't get a satisfactory answer from your brother I would call or go to the bank and calmly talk to a rep there to find out.
It's a shame your Dad his PoA this way. It will probably be chaos and angst unless all 3 of you learn how to communicate really well. If anyone has suspicions of the other, it's going to be ugly.