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My sister has POA for my parents. Can she assign a specific job to our brother?

Carmel, NY |

Parents are with my sister ( POA) in NY. Parents bank records are in NJ. Sister can't get to NJ on a weekday to get the records. Brother can. Can she assign him the responsibility of getting those records? If so, with just a letter? or does an attorney have to draw something up? POA is NY document. Thank you!

Attorney Answers 3

Posted

If she presents her POA with whatever documentation the bank requires she can get those records. Having brother picking them up does not present any particular legal problems assuming he gets them and delivers them to her immediately and without fail.

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Posted

I agree with Attorney Fromm. The only concern would be whether the bank will release the records to someone other than your parents or your sister (as their POA). The fact that you don't hold their POA may give the bank pause to release the documents to your attention without something more. The bank may require something in writing authorizing the document release to you or they may require that either your parents or the actual POA pick up the documents.

As an aside, why doesn't the bank just mail the documents to your sister since she actually holds the POA?

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Posted

The answer specifically depends on whether the power of attorney, by its own terms, specifically reserved to your sister the ability to delegate tasks to others, including your brother- under the section entitled 'grant of authority', section (O), if this section was initialed, then it granted 'full and unqualified authority to my agents to delegate any or all of the foregoing powers to any person or persons whom my agent(s) select'.

Please be advised that this answer shall not constitute legal advice, or create an attorney-client relationship.

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