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My sister changed the power of attorney to have 3 signatures required. Can we add names to checking accounts without all three

Lexington, SC |

Two sisters were listed on POA with or requiring only 1 signature for any issues. My younger sister had her name added and had POW changed to and such as Gloria and Jean and Joyce required. My mother has a lot of stock and smart money account with only her name so we cannot access them when we need to. My older sister's name is on her checking acct. Can we add another name to her accounts so that if we need to access them to pay her bills now that all 3 are POA? Thanks.

Sometimes we have had to transfer money from her smart money account to her checking acct to pay her bills. Now since 3 signatures are requried it is a nightmare. Can one name be added to these accounts with my mohter's permission so that transfer can be made when needed or will all 3 names have to be added? The sister went behind our backs to do this. My mother is not really mentally able to make these decisions. I di not want to have her declared incompetent if there is any other way.

Attorney Answers 3

Posted

The account that is already in the name of the sister can be accessed by that sister to pay bills because her name was on the account before incapacity. If you want to add additional names on the account you must get all three names listed on the power of attorney to sign. This is overly complicated though and defeats the purpose of the power of attorney. The account is liable for debts and creditors of any the sisters. If there are no concerns about abuse or trust you may want to get the power of changed so that any sister can access accounts without all signatures so it is easier to pay bills and the names are not on the accounts.

Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate personal injury accident and divorce and family law. For further information visit his website at http://www.ekglaw.com . Twitter http://twitter.com/#!/ekglaw Facebook http://www.facebook.com/ekglaw . Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. Evan Guthrie is licensed to practice law throughout the state of South Carolina. For further information visit his website at www.ekglaw.com <ekglaw.com>.

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Posted

Need all three names.

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Posted

Your mother would have had to consent to adding your sister as a third POA and requiring that all three signatures be obtained instead of just any one of the three signatures. Although this is not very expedient due to the logistics of obtaining all 3 signatures, it does provide a measure of security that no one person could dilute your mother's assets which may ultimately become an inheritance through her estate.

Your mother can permit that the signature of any one of the three POA's be sufficient to write a check.

DISCLAIMER – LEGAL ADVICE If you found this answer helpful, let me know by clicking the Thumbs-Up tab at the bottom. You may mark this as a Best Answer for the time I spent crafting this and thinking about your matter. My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.

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