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We have durable power of attorney for my MIL, and my husband is a joint owner on her account at Bank of America. We did not go into BOA and have their own in-house power of attorney drawn up, thinking it was not needed. At the time we did POA, MIL was happy to sign.


We recently had to put MIL in a care home, she did not want to go, she has dementia (and other issues), is paranoid about everything. There's no way we could get her in to the bank to sign their internal POA now.


We need to endorse a check as her POA, but it sounds like we couldn't do this at BOA without having their internal power of attorney. I could call or set up an appointment to give them our POA and a letter we have from her neurologist saying she does not have the capacity to make her own decisions.


BUT I'm afraid I open up a can of worms if we look into this with BOA. Maybe they still won't take it, maybe they will require something we can't provide. What if they don't accept the POA we have, and lock her account once we show them the letter of incapacity and let them know we're handling her affairs?


What will BOA do if we let them know we are now acting as POA and she is incapacitated? What other options do we have?


FYI, this is all because we are selling MIL's car. She has said she wants to own that until she dies, even though she hasn't driven in 3 years. It's over $2K insurance every year, plus maintenance, plus a hassle for us to make sure to drive it ourselves enough that it doesn't sit there and rot (and we already had to pay to replace the battery once because we let it sit too long). AND her driver's license expires soon, and there's no way they'll renew it.


The car is in her name and my husband's - the dealership will let him sign as POA to sell it, BUT the check will be made out to both of them. We don't want to take it to her to sign if we don't have to -- we had planned on telling her the car was parked at our house safe and sound to avoid distress (and a meltdown). She hasn't been in the facility long and is still in a very upset state, demanding to be taken home. We don't want to add having to tell her we sold her car, which we'll have to do if she signs that check. I'm also a little worried she'd just rip the check up, and then what do we do? Her insurance has to be renewed in a couple of weeks, and we'd wanted to sell the car before then to avoid further needless expense.

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BOA was impossible to deal with. Utterly uncooperative
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MyNameIsTrouble Jul 2023
Agreed. BOA can't offer me enough to bank again with them!
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As others have said, if he is on the account he doesn’t even need POA. I was on all my father’s accounts and just deposited and withdrew money as needed for his bills. The bank doesn’t need to know anything. He has passed now and I won’t even tell the banks until I have settled all his affairs and know everything is paid and settled. Then I will take the death certificate to the bank and close the accounts.
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A couple of things -- are your husband and MIL listed on the car's title as "Betty Smith AND John Smith" or "Betty Smith OR John Smith?" If it's OR, then he has the right to sell the car without POA, and the dealer is not required to make out a check to both of them. Dealership folks aren't always the sharpest of those details.

(Pro tip: Never title a vehicle in two people's names with AND, even married couples, unless you don't trust your spouse. It can be a nightmare to sell if one or the other person isn't around to sign the title.)

Does your husband have online banking with BoA? Honestly, I'd just sign it with his signature and hers (plus "as POA"), deposit it, and see if they flag it. They may not.

Banks aren't as touchy about taking deposits -- it's the withdrawals that freak them out. They'll put a hold on any large check regardless of whether a POA signature is involved. If this one goes through and they give you a hard time at another time, you can always bring to their attention that they've accepted the POA already in the past. Tell them you're happy to bring in a copy for them and just make it really clear that it's active, they've already accepted it and your MIL is no longer competent to sign anything for them.

All that said, however, banks are notoriously obnoxious about accepting Powers of Attorney, and they want their paperwork, not yours. This is a good warning to others that when you get POA for a loved one, you also need to take them to their banks and other financial institutions and do theirs as well. My dad took me to Charles Schwab himself, told them he was placing me in charge of his finances, handed over the POA, filled out their paperwork, and it STILL took three months for them to give me control of his accounts. Dad had been gone for 2 1/2 of those three months, and had the stock market crashed with me unable to make any financial decisions, there'd have been hell to pay. Fortunately, that didn't happen.

Final point -- BofA is a TERRIBLE bank. My husband set up all our business accounts there, and their level of incompetency is absolutely breathtaking, regardless of the branch. This will be changed soon, thank goodness, when we move the accounts to a smaller, local business bank.
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Can you access the account on line? transfer the money. My daddy had his account at wells fargo and with my name on the account I could access it with no problem. I did a lot of online transfers to my personal account.
Also, regarding selling the car can they just send the money to her bank account? I has her name on it. I signed checks for my daddy I just signed his name on the back then put power of attorney on it. This should work. I have never worked with BOA. But this is how I dealt with Wells Fargo.
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BoA apparently is beyond the Devil to deal with. They will go to “it’s a Springing POA” as the ultimate in foot dragging to keep from anyone getting access. What others have told you in that the easiest to to have the elder physically in person go with you to the bank and do what needed is the best and simplest. But if they cannot and are not competent and cognitive to do this, then you are at the Mersey of a branch bank officer at whatever BoA you visit. So be prepared to refute the “it’s a Springing” type of spiel from BoA.

I’ve been on this forum a ,long time and BoA has had more than a few post on this. They are basically hostile to doing anything without either you having an account (with a balance over the amount of your elders account) there to move the funds into OR a court ordered legal document. Like Letters Testamentary from a Judge if elder has died so that you are now the Executor so legally have the power and a fresh federally issued IRS tax ID to move the money to a different bank account…. And even then they will foot drag and charge an account closure fee and certified check fee. They are the worst. ((The fabulous GardenArtist posted a few times on her BoA travails she dealt with after her Sister died (Sis had a BOA) and GA was a beyond savvy paralegal and a EA for a top white shoe law firm in Michigan and knows her stuff and BoA tried to pull this on her; I don’t know if her old post are still up on this forum.))
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Currently dealing with BoA and a PoA created by an attorney. BoA tells me that both the principle and I need to come into a branch to present the PoA. The problem is the principle is confined to a nursing home and there are NO BoA branches in our state. The closest is 200 miles away. The sad part is the principle is a retired BoA employee. Other components of BoA have been cooperative and accepted the PoA: pension, Visa credit card, health insurance, everybody but the banking portion. With the principle's consent and approval I was logging into his BoA accounts, however I did not transfer any funds out. Actually I had funds from other non-BoA accounts transferred IN. Well earlier this week they blocked my on-line access. At the suggestion of my wife I called the Comptroller of the Currency - a federal agency that regulates national banks. After explaining the situation they informed me that BoA is wrong and I should file a complaint with them, which I did. Still waiting to see the response, but if it works I would suggest anyone having issues with BoA file a complaint with OCC at helpwithmybank.gov.
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The power of attorney was from an online legal program offered by my husband's employer. So far, the healthcare poa from the same software was enough to get her put into a care home (along with a referral from a rehab she was in, and backed up with a letter of incapacity from her doctor that wasn't needed to put her in the home, but would be needed to keep her there should she tell them she wants to leave). Note it is a letter of incapacity, not incompetency.

The durable POA does not require any letter from a doctor in order to activate it (though we do have one letter of incapacity from a doctor). My husband is a joint owner on her bank account as well.
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AlvaDeer Jul 2023
One of the biggest mistakes I see on Forum is people thinking a FPOA (Financial POA) can be done with online papers. I really caution against this yet I see people on AC recommend it all the time.
This doesn't work out in many cases. "Theoretically" one should be able to. But that doesn't help when it doesn't work and it is too late.
Problem is when you have a notary public witness signatures that is ALL they are doing. They are witnessing a signature.
A solid lawyer-written POA does so much more. Examines the person doing the POA to be certain they are competent, and interviews them and individualizes it. And gets it signed. They stake their attorney's license on your documents legitimacy.

A MPOA or health care POA is miniscule in so far as what it does and who accepts it. It bears no resemblance to financial POA which gives you access to everything your loved one has, including the ability to sell his or her property if so written.

A Financial POA puts the assets of a citizen in the hands of another citizen. It must be a good, solid, legal and meticulous document.

As I said below, a bank is going to be very iffy about someone swooping in to say "Gee, mom is ill now so let's let ME have all her money to do as I wish with".

I would caution people for THIS reason: Once an elder becomes too incompetent to do a POA with an attorney it is too late. You cannot get a POA. Your opportunity to protect your elder and do it right, registering everywhere as their POA is gone. You need a POA that every banker's attorney will pass on and say "Wow! GOOD ONE".
Get the attorney. You will definitely pay for this. But you will pay more if you have to go through the court system and get a guardianship.
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Since youf MIL has been deemed non-decisional, POA is acceptable. When signing her name onto the check, it can be avoided by your husband signing his name, his under it again, AND writing Power of Attorney, For Depisit Only." As she is no longer decisional, you will likely need to gain guardianship of her; that form trumps everything making your husband in charge of buying things for her needs, selling her property, managing her accounts, managing her SS, etc. . Additionally, her sole-accounts (without your husband's name on them) need to be set up as guardianship accounts (you can only have checks, withdrawals and deposits from those accounts; guardianship accounts do NOT allow for debit and credit cards). If she receives Social Security, they will directly deposit into a guardianship account.
My father has Bank of America and I had to go through everything as described above.
Good luck to you.
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my long term boyfriend is my POA. I WAS IN A NURSING HOME AND NEEDED TO SPEND DOWN MONIES JUST IN CASE I NEEDED TO QUALIFY FOR MEDICADE. ONE OF THE STIPULATIONS IN SPENDING DOWN MONEY IT G HAS TO BE FOR MY BESY INTREST ONLY. ( DENTURES EYEGLASSES, MY WHEELCHAIR, MY FUNERAL EXPENSES ETC.) MY PREPAID FUNERAL WAS $10,000. THE BANK THOUGHT IT WAS SUSCIPOUS AND BOTH HE AND I HAD TO COME DOWN TO THE BANK A RESIGN SIGNATURE AUTHORIZATION CARDS AND BRING DOWN A COPY OF THE POA. I WAS LET OUT OF THE NURSING HOME 30 DAYS LATER FROM A STROKE. THE MONEY YOU GET FROM THE CAR HAS TO BE OUT IN HER ACCOUNT TO PAY FOR HER CARE WITH RECEIPTS TO PROVE IT.
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lovelyliz Jul 2023
MONEY HAS TO BE PUT IN HER ACCOUNT TO PAY FOR HER CARE OR YOU WILL GET A BILL AFTER HER DEATH IF SHE GOES ON MEDICADE. I WANTED CLARIFY THIS DUE TO TYPING ERROR.
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I only remember a Bank of America credit card that I hated and could hardly wait to pay off which I finally did. I remember posting about them and feeling enraged.
I have not dealt with them for more than a decade.
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