My mother has a hard time getting around and she is personal representative of an estate. She needs to open a bank account in the name of the estate but it is hard for her to get around. If she were to have a power of attorney in place could I act in her place to open the bank account for the estate? Or is there another way I can open the account for her?
Estate Planning Attorney
I am a Florida attorney and the answer would be NO in Florida and I would guess No in any state.
You can help gather information and documents for your mothers signature-but not act in her behalf.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Ethics / Professional Responsibility Lawyer
A personal representative is an agent. An agent can't delegate to a sub-agent. If your mother is having difficulty discharging her duties as personal representative, she should resign and have somebody else apply to the court to be appointed.
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If you really are concerned you should contact the atty representing your mother in the estate matter to determine the answer to this question.
Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less
Elder Law Attorney
In North Carolina, unless the Will specifically delegates to your Mother the power and authority permitting her to appoint a successor Executor, the answer would be NO.
Estate Planning Attorney
These duties are non delegable and she may need to be replaced as trustee. If her mental faculties are still good and the bank account is all she needs. many bankers will come to you.
A personal representative can delegate some authority under Michigan law, but practically speaking, the bank is going to require her to sign all paperwork relating to the estate account. They may make it easy for her to do this by providing you with paperwork for her to sign. But they are not going to allow you to act for her. One option would be for her to resign as PR and to nominate you to serve in her place.
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If your mother is the personal representative and she is having difficulties fulfilling her responsibilities because of her physical issues, a petition to modify personal representative should be filed with the probate court. The petition could request co-personal representatives or you as the sole personal representative. The bank institutions will not allow the power of attorney in stead of the actual personal representative.
This response does not constitute legal advice nor the establishment of an attorney client relationship.