Have Legal Questions? Ask a Lawyer Now.
Hi, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,
Q. Does the Durable Power of Attorney which names you your mother's "Attorney-in-Fact" specifically recite that you have power over all of your mother's finances and to pay her bills ?
Where is the answer to my questions????
I am not sure about that.
It says "withdraw by check, order, or otherwise money or property of the principal deposited with or left in the custody of a financial institution.
It says that I can withdraw by check, order, or otherwise money or property of the principal deposited with or left in the custody of a financial institution. Is this what you are looking for?
That is exactly what I was looking for. Since the Power of Attorney gives you that power and authority, then the credit union should not give you any problem if you go there with the original Power of Attorney and the doctor's letter. Actually, holding a Power of Attorney, you should be able to withdraw as much as is needed, and the entire amount, if necessary, but bring the doctor's letter with you. The credit union should not give you any trouble at all. If they try to give you any trouble, the best thing I can tell you is do not look as if they have intimidated or scared you. Stand firm and stand your ground because you have every right to be there and every right to withdraw the money that your mother needs to spend down in order to have your mother properly taken care of by the nursing home.
If, after showing them the Power of Attorney and the letter from your mother's doctor, the Credit Union refuses to give you your mother's money, you should immediately file a lawsuit against them. You will need an Attorney for this because you don't want to make any mistakes and time is of the essence at that point. You will ask the Attorney to ask the Judge to award him or her Attorneys' Fees because they are the ones who forced you to go to Court to assert a right you already had. I do not think it will come to that because Powers of Attorney are used every day and have become very common place,
If I have not Answered your question completely, please let me know by using the "Reply" button and I will be glad to explain further,
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,
Bonus and Positive Feedback on survey is very much appreciated,
Thank you so much for your answer. The attorney for ACU Credit Union gave me some trouble at first but when the lady told him that the Attorney we hired came in there with my mother and had the employee of the credit union notarize all of the documents, I was able to get a check cut in the amount of $4, 560.00 for her nursing home care for 1 month. Thank you so much for your response!!!
You are very welcome, Debbie, I am glad I was able to help. Thank you for the Excellent Service rating, I appreciate it greatly,
Actually, the Attorney should not have given you any trouble at all because that is why people execute Powers of Attorney - so that they can have someone they trust take care of their affairs when they cannot. The Attorney had no right to try and give you any trouble at all to begin with.
If you have any questions in the future, please feel free to direct them for me by typing my name at the beginning of your question , like this,
"For Andrea only .......... "
Thank you for allowing me the opportunity to be of assistance,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).