What documents does a power of attorney actually cover?
My mother signed a power of attorney years ago and I am not sure what it lets me do. Can I access her bank accounts with it? What does it not cover?
✓ Accepted answer
A power of attorney (POA) specifically authorizes the agent to make financial and legal decisions on the principal's behalf, but it does not grant the right to make medical or personal care choices unless a separate healthcare power of attorney is also in place.
- Financial Access: A durable financial POA typically allows the agent to access bank accounts, manage investments, pay bills, and sign tax returns. The scope depends on the specific language in the document, so a general POA may still have restrictions on large transfers or real estate sales.
- Healthcare Exclusion: Standard financial POAs do not cover medical decisions. If your mother cannot speak for herself regarding treatment, you need a separate healthcare POA or a medical directive to act on her behalf with doctors or insurance companies.
- Legal and Property Matters: This document covers filing legal paperwork, managing property transactions, and handling business interests, provided the agent has the specific authority to execute these tasks.
- Limitations and Termination: The authority ends immediately if the POA is not designated as "durable" and the principal becomes incapacitated, or if the document is explicitly revoked. It also does not allow the agent to change a will or establish a trust without specific statutory authority.
- Practical Verification: Many banks require original signatures or notarization of the POA document before granting access, so it is best to contact the specific financial institutions involved to confirm their internal acceptance policies.
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