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.
Estate Planning Attorney
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.
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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.
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