If I have POA on my mom's banking account, do I have the right to transfer her money into my account if I feel she in not being competent with her money? Or is that illegal?
By Jessica E.
Discuss the matter with your Mom and ask if she would consent to you taking over paying her bills, etc. If you have power of attorney, is your name on her checking account? If so, you wouldn't have to transfer money to your account to pay bills, you could just use her checking account.
My husband and I were granted power of attorney from my brother-in-law since he is now in a nursing home. I pay all of his bills through his checking account. All I down is sign my name on his checks and print P.O.A. after my signature. A power of attorney gives you the legal right to take care of all finances while the person is still alive.
While a POA would give you the right to transfer the money, that is probably not necessary, as the other posters have said. If you do transfer it, be very clear to keep an accounting of the amounts transferred and what you used the money for so that it is clear that you are not using the money for your own personal expenses. This is especially important if you have siblings or other relatives who may have an interest in your mother's affairs.
I also recommend talking to your mom about this first. Is your mom incompetent in general or do you just not like the choices she makes of spending her money? Perhaps you could see how she would feel about you paying her bills and maybe even doing her shopping (groceries and otherwise) for her and give her a weekly allowance of cash to spend as she pleases. That way you would have more control by having her checkbook and debit card, it would save her the chore of paying bills and doing shopping and she would still feel in control of her life by having some cash on hand.
You might talk to a bank officer at your mom's bank.They have more experience with POAs over their accounts, and they can advise you. Sometimes professional advice is the thriftiest way to go.
As her POA you have that right; however, you also need to be able at any moment to provide a paper trail of ANY activity with her money. As POA you have a responsibility to use her funds ONLY for her. You cannot pay your bills, mortgage, utilities, vacations, clothing or other expenses that do not pertain to your mother with her monies. Remember also, your mother can revoke her POA at anytime, unless she has been found incompetent by the Courts, (which to do this you would need to hire an attorney and go through the legal process).
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