Can a power of attorney take money from that persons personal cd

Asked about 5 years ago - Plant City, FL

can a power of attorney of my father take funds from my fathers cd

Attorney answers (2)

  1. Stanley Duane Lockhart

    Contributor Level 14

    Answered . if the power of attorney form permits or authorizes such action or states that POA has authority to conduct personal finance type functions, the bank would probably accept a properly notorized or acknowledged POA.

  2. Keenan M. Post

    Contributor Level 14

    Answered . The answer depends on what you mean by take money for the personal use of the agent under the power of attorney. The answer would be NO if the "taking" were for personal use and enjoyment. The only exception would be if the POA authorizes gifts and the agent is making a gift to himself - not a good idea. The other possibility is that it could be for compensation. The general rule is that an agent must exercise authority in a fiduciary capacity and for the benefit of the person who executed the POA.

    LEGAL DISCLAIMER
    Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

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