Am i able to access his online Banking account and make transactions for him, in NY State without filing the POA? The POA does have a Gift Clause and confirms that he gives all authority to all his assests to the individuals identified on the POA. It is signed and notarized. Are we able to access online Banking?
Family Law Attorney
You should, but bank may want to see POA and have a certification from a doctor that father is now incomptent thus putting the POA in force.
To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
Estate Planning Attorney
I agree with Mr. Callahan, if the power of attorney is a springing one. A springing power of attorney requires an event before the power exists, e.g. incompetence. If this is a conventional power of attorney, no such certification should be required.
The bank may well require that you file the POA with the county clerk before they accept it. Call and see.
I am licensed in New York only. My answers are generally based on New York law or common law, except where otherwise indicated, and other states may make exceptions or have peculiarities resulting in different answers from an attorney licensed in the other state.