I have durable POA for my mom. My mother has dementia and while she can leave the house in a wheelchair, it is difficult, as she recently had brain surgery and is still recovering. Also, she does not WANT to go, and does not communicate well at all.
After my dad died and Dad's name was taken off the bank accounts, Dad's debit card was cancelled (of course) and mom needs new checks. I went to the bank, POA in hand, and asked them to send a new debit card to my mother for the new account, and they refused, even though I showed them my POA. They said they needed her to come into the bank in person.
I had already had, BTW, an in-person meeting with another representative some time before to have the accounts put into mom's name; dad already had things well in place to make it easy.
I am confused; I thought I was able to handle these things for her now. Do I need to drag mom in? I will but am wondering if I do not understand how a POA works. As I read through posts here, it seems the bank teller was wrong?
Do you have Immediate for financial written up by a lawyer? If so, there should be no problem especially if u talked to an officer before and a copy is on file. I was already on Moms accts but as POA I don't think u need to be. I just always signed my name with POA following and was never questioned.
If your POA says you need a doctor or two to sign off she is incompetent than you need to do that if you haven't already. As Moms representative, you should be able to do everything she previously did.
Turn overs of clerks in Banks is big. Banks don't pay that much. These clerks don't know everything. Always get an officer or head clerk involved if something does not feel right.
Lots of people get their checks from Costco.
I would ask them what you can do to make your job as her legal POA possible. Put the ball in their court, because they have ways to deal with incapacitated customers -- they just aren't telling you.
As I said elsewhere on this thread, you don't need to go through the bank to get new checks, so you may just have to revert to using them instead of an ATM card if they continue to give you a hard time.
If they continue to give you trouble and you and your sister are honorable people just looking out for Mom's interests, I suppose you could just clear out her account by writing a check for the balance and open a new one at another bank in your names solely for her expenses.
The language of the psychiatrist’s report stated simply that she was unable to manage her own affairs and requesting that agencies extend me their help in caring for her.
The cognitive assessment cost $300, paid for from her funds.
https://www.agingcare.com/articles/make-sure-you-are-an-authorized-representative-for-your-loved-one-202376.htm
What to Do When the Bank Refuses a Financial POA Document
https://www.agingcare.com/articles/what-to-do-when-bank-rejects-poa-178641.htm
I would make an appointment this week with someone in charge at the bank. Take your papers in with you. Tell them that you require addition of yourself to the account as POA.
Now if you are wanting your Mom to have ATM cards, make withdrawals, and yourself as well , this would be confusing to your record keeping and that is one of your fiduciary duties as POA.
I think, were I you, I would take all my papers. Your Mom as the one conferring POA upon you will pay for attorney advice. Take all your papers and all your questions. Your having a letter from the attorney attesting to your being POA will help you in all financial matters. Start there unless you prefer to see the bank and ask them what other than your POA papers (which you will carry with you) do they need when your Mom is incapable of going into the bank. And by the way, if incapable of going into the bank then she is also incapable of getting to ATM withdrawal machines to use this card, and it isn't yours to use.
Good luck. I served as POA and Trustee for my brother. It is a hard job. It took me almost a solid year to get everything properly set up from bills coming to me, to medicare and supplemental insurance sending me duplicates and etc. Quite a job.
For clarification, the ATM card has been used by my sister to withdraw minimal cash for small expenses, like ordering dinner in and paying for snow shoveling, etc. This was the routine when my father was still alive as well. My sister has lived with them for maybe five years and manages the basics of care (she used to be an aid in a nursing home). They use less than $100 a month, sometimes no money at all.
As suggested by an earlier poster, I will go forward with having an evaluation made that will declare my mother incapable of handling her own affairs, but I thought that was basically what the durable POA was for.
I am just beginning the process of getting all the bills sent to me. Lots of work ahead.