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If the person is of sound mind, yes.
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Judy79 Oct 2019
Who decides who is of sound mind?
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Who, is the person?

As POA you do not need to add your name, nor should you. You need to keep a clear line between hers and your finances.

The bank probably has their own rules on how to handle things.
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It’s quite common for the POA to add their name to the bank account. Not so they can add their own money to the account and use it but to make it easier to take care of the persons finances.
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Judy79 Oct 2019
Very informative answer!! Thanks!
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I was warned against this. I was told to keep it clean/immaculate. Not mix my name and monies with his in any way. I am POA for everything but the Trust account, and am Trustee of the Trust for that. So I sign as his name with mine following as attorney-in-fact, or POA, or I sign MY name, as Trustee of the Dee Living Trust. I don't put my own name on anything and I would NEVER for a second put anyone else's name on it. Just muddies the waters if there are any questions. Dee does have his own account. On that one it is his spending account, and it is pay on death to his good friend. I can, but do NOT write checks on this account. Dee is in charge still of a good mind, but were he wanting to add names to accounts other than his own, to anything I was attempting to manage for him, I wouldn't continue to serve as his POA/Trustee, and would suggest he hire a fiduciary more capable of combing all that out, and any questions that occur. He DOES direct me as to who to make the pay-on-death to any CDs that are outside the trust. But of course they are not "on the account" in so far as spending. A money manager at Dee's bank has been invaluable in guiding me as to what is best to do and best not to do. At his own bank that requires total assets in that bank of 250,000.00 so it is kind of limiting. And I made clear that I am not in it to play Roulette with his funds, but to keep them safe in CDs, low tho they may be now. Older years are not for risk in my mind; but I am a bit of a chicken. Esp. with other peoples' money.
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Judy79 Oct 2019
Please remind me the purpose of the financial POA and the responsibilities. I think that I know but would like your take on it. There are no problems that I know of. My brother has her debit card since obviously she isn't using it anymore.
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I was told by both of my mom's banks to do a joint account. One bank refused to accept the POA paperwork. I can see how it would muddy the waters, though.
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Having a joint account can make banking easier. But it also can cause problems if ownership of the funds is not crystal clear.

Here are some examples of problems that might occur when ownership isn't clear: 1) Creditors of any owner of the joint account might be able to get funds from the account.
2) A spouse of any owner of the joint account might have a 50% interest in some or all of the funds.
3) A divorcing spouse of any owner of the joint account can ask for the joint account to be divided in the divorce.
4) The full value of the account might be considered an asset for an owner who is applying for Medicaid or other means-tested benefits.
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Judy79 Oct 2019
My brother is on my mom's bank account since my dad died and since she moved to be closer to him. So would that mean when she died that he would get that money? Or would it depend on what the will reads?
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I didn't add my name as my mother's POA. She made me joint owner of all her personal accounts, CD's, and investments before she gave me the POA and I did not mix any of my money with hers. Her reason for doing it this way was to make sure that I inherited her money and not my step-farther with whom she had one joint account.
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While my Dad was still of clear mind, Dad and I went to his bank, and I was added to Dad's bank account with "John Doe OR FreqFlyer".

Apparently the word "or" is used differently compared to using the word "and" or no added word. I was my Dad's financial Power of Attorney. Had zero problems getting this done. That way I could manage his account and write checks for bills as he no longer wanted to deal with check writing.

I never co-mingled my money with his.

Tomorrow Sig Other and I will go to my bank to add his OR to my checking account in case for some reason I cannot write checks for bills.
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I am on moms accounts as a cosigner/ owner. I do not mingle our accounts . I am just a signer on things, and I always put POA after my name. We were told it would be easier when she passed as I would already be the "owner" of her accounts. Worked well when dad passed, I had no problems. But I am an only child. so no conflict there. And she should not be running out of money .. hopefully !
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Recently I had my brother (who holds joint POA with me), go to the bank with me to add his name to my Mom’s checking account, which I am on. This way if I can’t write checks for mom/close account or whatever needs to be done, he has no trouble handling anything. The bank made a copy of the POA document that I brought & their legal team okayed it right then.

I often see here where someone has a medical note stating a POA has been activated & is in effect. We’ve never been asked at any nursing facility, hospital or business for proof of activation.
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If the sole reason for adding a POA's name to an account is to be able to handle the finances, then there's no need for the POA to be on the account. For example, my husband is POA for his brother and the POA is on file with brother's bank. Husband uses brother's checks to pay bills, and signs his own name with the designation, "POA for XXX" after his signature. The bank did not suggest having a joint accountThe POA obviously ends if brother passes away, and any money in the account(s) is part of brother's estate. If there are bills to be paid after death, e.g., funeral expenses, this would have to be handled by the estate's executor. I can see this as one reason to have the POA on a bank account--having the ability to easily pay expenses after the person passes away. But, there should definitely be no commingling of funds and good records should be kept of the source of any money going into the account so it's clear that all of it belongs to the person in question and not to the POA. Likewise, good records for outgoing money so it's clear that it's being spent on behalf of the person (in case Medicaid is ever needed).
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As a trustee of my Mom's trust, we have a trust bank account at the local credit union. The trust's name is on all the accounts, followed by my Mom's name and then below that is my name.

I never co-mingle money and this account contains only my Mom's money, her written checks, and electronic payments with carefully written notes for each debit and credit.

I do write checks from the account occasionally and have signed my own name as I'm on the account.
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