We have a Power of Attorney for my now ill Father. He is unable to make his own decisions. Can i access online Banking for him?

Asked almost 2 years ago - New York, NY

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?

Attorney answers (2)

  1. Answered . 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... more
  2. Answered . 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... more

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Estate planning and power of attorney

A power of attorney is a legal document giving another person the right to act on your behalf in various situations, within the limits set out by the document.

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