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Can A Power of Attorney make a loan from a nursing home patient bank account?
Wiki User
∙ 13y ago
No. That would constitute a classic conflict of interest and self dealing.
Wiki User
∙ 13y ago
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Can a nursing home administrator require the power of attorney of a resident to have the director of nursing present when the poa looks at the resident's chart?
No, I wouldn't think so. The POA-holder would be acting in the capacity of the patient themselves, and I can't foresee a reason that the Dir. of Nursing would be required to be present when the patient (or the POA) reviews their own chart. Have you asked the nursing home WHY they insist on this?
Who is a patients durable power of attorney?
A patient has a Durable Power of Attorney only if they have executed such a legal document in the past. The person named in the Durable Power of Attorney is the attorney-in-fact. If an incapacitated patient did not execute such a document when they were legally capable then someone must be appointed as their guardian by a court.
Can you still write checks on an account that includes your name after your mothers death with a durable power of attorney?
If you are one of the account holders, yes. You do not need a power of attorney to do so. Also a power of attorney expires on the death of the grantor.
Can a patient be transferred to another hospital with power of attorney if the patient doesn't want to?
Yes, the power attorney is a legally binding agreement. If the power attorney thinks that it is in the patient's best interest to be moved to another hospital, then that is usually what happens. The only other reason that would be able to be granted otherwise, is if a patient is able to still make his/her own decisions still, then they can vocalize their feelings.
What happens if you take money out of deceased dads bank account without power of attorney?
A power of attorney represents a living person, so any power of attorney is no longer valid. They would have to be on the bank account or the executor to legally take the money out.
How do you get durable power of attorney if the patient is in a coma?
You cannot get a power of attorney from a patient in a coma. In order for a person to make a power of attorney or any legal agreement, the person must be competent to know the nature of what it is he/she is doing and voluntarily choose to do it. A comatose patient has no awareness of the nature of the agreement and cannot take any action to make the power of attorney effective. At that point only a court appointed guardian or conservator, or other similar type of fiduciary, can take over and manage the affairs of the patient.
Can a power of attorney and proprietor both operate an current account?
Yes. Both the owner/proprietor of a bank account and the person to whom they have given power of attorney can operate a bank account. Actually a person with power of attorney is as good as the person (in legal terms) itself and so they both can operate the bank account without any issue.
If there is two names on a CD account at the bank and one dies can power of attorney take the money out?
If the power of attorney represents the deceased, no, they cannot. A power of attorney expires on the death of the grantor.
Can power of attorney cash draw my sister's bank account?
An attorney-in-fact under a Power of Attorney has complete access to the principal's assets including bank accounts.
Can a Power of Attornery change the beneficiary of his father's life insurance if both he and his wife are in a nursing home?
Generally an attorney-in-fact under a Power of Attorney cannot make changes in beneficiaries. However, you should review the original Power of Attorney document.
Can you be a joint owner on a bank account the beneficiary and the power of attorney on your mother account?
You can have a joint account with your mother. You do not need a Power of Attorney to manage the account because it belongs to you as the co-owner. You do not need to be listed as the beneficiary on the account because it belongs to you as the co-owner.A Power of Attorney would empower you to act on your mother's behalf in all her business and legal matters except writing her will. You should consult with an attorney if your mother is thinking of doing some estate planning. The attorney could review her situation and explain her options.
Can you deposit your sons check into your checking account if you have a power of attorney for him?
Yes, you can do that. A power of attorney gives you enough rights to do such an action like depositing your sons check into your account. If you dont have a power of attorney - first the bank wont accept the check and second you'll be jailed for forgery
