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I see that your dad has Alzheimer’s. Do you have your dad’s POA? I would think that your stepmoms shared account would be accessible to her POA. POA authority ends at death.
Just to clarify, he has financial PoA specifically? If so, in his PoA doc it stipulates when the authority is activated. If it is "springing" it usually requires 1 or 2 medical diagnosis of incapacity. If "durable" it was active when she signed it. Whatever accounts has her name on it will need to be accessed by the financial PoA.
Banks often have their own PoA protocol and will require him to come in with his PoA paperwork but then they have you sign a bunch of their own paperwork, and copy your ID, etc. One bank required me to actually bring in my 98 and 101 yr old aunts in person in order to add me. TDAmeriTrade required my mom to be on the call on speakerphone. They don't make it easy.
Remarriages later in life can cause all sorts of strained dynamics when these types of elder crisis inevitably come up. Try to stay communicative and cooperative with your stepbrother. If you are your father's financial PoA then you will have insight into the same accounts and can keep an eye on things.
If he is a signatory on the account he can. I’ll bet he is also the executor as per her will.
if all this is a concern, you might want to do a couple of things: - have dad go on line to get access to all thier accounts at all banks and print out this months and last 6 months statements. Then once a mo in the future dad & you do this. These you set aside so if there is something amiss, you can use the info to have dependent administration done on her probate. You (actually your attorney) will challenge his Letters Testamentary in probate court and use the statements to establish why. - Dad opens a new account that get direct deposit of dads Social Security income and any other retirement income that dad & you are the only signatory on. This dad can do now. - if you are not your fathers POA try to get that done. - get a copy of their wills or thier codicils. - if they own any property, start you own search on these. Include property both owned before thier marriage and since.
Personally if her death is near, and her son has access to all their banking and is the future executor, and he has shown self dealing in the past, I’d go ahead now and start looking for & hire a probate atty who does litigation to represent your dad in how the disposition of stepmom estate is dealt with. You want someone essentially booked now to deal with whatever filing’s are done asap after her death.
I don't think if you are POA you need to also be on the bank accts. U can access them as POA.
What I would do is make the bank aware that the wife is dying and that no one should excess the accts without you knowing about it. Usually in a marriage Wills are set up what yours is mine. Since there are step-children involved, things are probably different.
POA ends at death. When SM dies, contact every joint account and report her death. This should stop any withdrawals by anyone except the named account holders, your dad.
If he is cleaning them out, he is probably actively doing it now or he isn't aware that his authority as POA ends the moment she passes.
Follow what Igloo recommends, she is very knowledgeable in these situations.
He can get access to the Mom's assets now if he has a good POA document, but not to shared accounts with the father. You should however do some separation of assets her with the Dad if you are concerned. He can do this WHILE MOM IS ALIVE, not when she is dead. A POA DISAPPEARS as soon as the person has died. It then goes to the Will and who is the EXECUTOR of the will.
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.
I would think that your stepmoms shared account would be accessible to her POA. POA authority ends at death.
Banks often have their own PoA protocol and will require him to come in with his PoA paperwork but then they have you sign a bunch of their own paperwork, and copy your ID, etc. One bank required me to actually bring in my 98 and 101 yr old aunts in person in order to add me. TDAmeriTrade required my mom to be on the call on speakerphone. They don't make it easy.
Remarriages later in life can cause all sorts of strained dynamics when these types of elder crisis inevitably come up. Try to stay communicative and cooperative with your stepbrother. If you are your father's financial PoA then you will have insight into the same accounts and can keep an eye on things.
I’ll bet he is also the executor as per her will.
if all this is a concern, you might want to do a couple of things:
- have dad go on line to get access to all thier accounts at all banks and print out this months and last 6 months statements. Then once a mo in the future dad & you do this. These you set aside so if there is something amiss, you can use the info to have dependent administration done on her probate. You (actually your attorney) will challenge his Letters Testamentary in probate court and use the statements to establish why.
- Dad opens a new account that get direct deposit of dads Social Security income and any other retirement income that dad & you are the only signatory on. This dad can do now.
- if you are not your fathers POA try to get that done.
- get a copy of their wills or thier codicils.
- if they own any property, start you own search on these. Include property both owned before thier marriage and since.
Personally if her death is near, and her son has access to all their banking and is the future executor, and he has shown self dealing in the past, I’d go ahead now and start looking for & hire a probate atty who does litigation to represent your dad in how the disposition of stepmom estate is dealt with. You want someone essentially booked now to deal with whatever filing’s are done asap after her death.
What I would do is make the bank aware that the wife is dying and that no one should excess the accts without you knowing about it. Usually in a marriage Wills are set up what yours is mine. Since there are step-children involved, things are probably different.
If he is cleaning them out, he is probably actively doing it now or he isn't aware that his authority as POA ends the moment she passes.
Follow what Igloo recommends, she is very knowledgeable in these situations.
A POA DISAPPEARS as soon as the person has died. It then goes to the Will and who is the EXECUTOR of the will.