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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110506
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Educator Only ***I am Mom's Durable Power of

Customer Question

*** For Law Educator Only ***I am Mom's Durable Power of Attorney. Mom is incompetent now, resident in a Nursing Home. I have discovered that she has a safe deposit box in a bank (where she also has a checking account). Her Durable Power of Attorney does not specifically mention Safe Deposit Boxes, but DOES specify All Banking business/transactions. I don't have a key, but would like to get access to the box to see if there are papers of importance inside. Does the bank (Massachusetts) have to give me access with my DPOA?
Submitted: 5 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, the bank has to give you access, since this is a banking business transaction. The only specific power that has to be granted by law in a POA is a power to transact in real estate transactions of the ward. But a long as your DPOA specifies all banking business and this safe deposit box is part of the banking it is covered under the PoA.

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