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My Dads wife has abandon him in a nursing home, has power

My Dad's wife has abandon...
My Dad's wife has abandon him in a nursing home, has power of attorney, and is not paying his bills regularly. His credit is ruined and he now has accounts in collections. She refused to give him his account numbers but after we got them, we found that he has 4 thousand dollars in the bank. He wants to switch the Power of Attorney to me. Once that is done, can I quickly open a bank account for him and move half of the money in their joint account to his new account? We live in a community property state.
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Answered in 10 minutes by:
5/14/2013
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 17,487
Experience: Licensed Texas General Practice Attorney
Verified

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I am sorry to hear that. Yes, you can absolutely withdraw money from his joint account with his permission. If it's a joint account, you can withdraw all of it, although withdrawing half would make it less likely that she would throw a fit over that.

ScottyMacEsq :

The key is to put it in an account that is either in his name, or in your name with him as an authorized party.

ScottyMacEsq :

If she files for divorce, that will still be an asset subject to distribution, but at least she won't be able to reduce the assets.

ScottyMacEsq :

Another thing is that the POA is effective only if your father is of sound mind and understands the nature of his actions. I

ScottyMacEsq :

If he does not, then there could be an issue if it's ever challenged, whether or not you knew that he was not of sound mind.

ScottyMacEsq :

But if he is of sound mind, then you don't have anything to worry about there.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

He is of sound mind

ScottyMacEsq :

So long as he is of sound mind, he can designate anyone he wishes to serve as his POA, which is essentially the same as him withdrawing this money (which he has the legal ability to do). He can designate that you do it.

Customer:

She won't give him any of his ID's or bank cards, so the only way to withdraw money would be to get POA

Customer:

correct?

ScottyMacEsq :

Yes, unless he is there personally and shows some other identification (if possible).

Customer:

she is currently his poa

Customer:

so we also need to remove that

Customer:

and when he called the attorney who wrote that up, she contacted his wife

ScottyMacEsq :

There can be more than one POA.

Customer:

oh really?

ScottyMacEsq :

The fact that she has the POA does not mean that he can't give you one.

ScottyMacEsq :

Absolutely.

ScottyMacEsq :

But he should also communicate to her that effectively immediately, he's revoking that POA.

ScottyMacEsq :

(to her)

Customer:

ok

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

thank you

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 17,487
Experience: Licensed Texas General Practice Attorney
Verified
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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 17,487
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Experience: Licensed Texas General Practice Attorney

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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).

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