Can I Open a Bank Account and Cash a Check for Another With a General Power of Attorney?

Full question:

I need a CA. DURABLE POWER OF ATTORNEY. My daughter is in prison she received a large check from a inherent. She needs me to sign it and open a bank account in mine and her names.. Is there any other kind of document we need?

Answer:

There are various types of powers of attorney; they can be either general, durable or limited. Some states have also adopted a statutory power of attorney. A general power of attorney grants the agent broad powers to act in regard to the principal’s assets and property while the principal is alive and not incapacitated. A durable power of attorney will remain effective even if the principal becomes incapacitated. A special or limited power of attorney restricts the agent’s action to a particular purpose in order to handle specific matters when the principal is unavailable or unable to do so. The answer will depend on the language of the document. Generally, as long as it grants power over financial matters, the agent is authorized to open a bank account and cash checks in the principal's name.

For further discussion, please see:

http://www.ehow.com/about_5057071_banking-power-attorney-joint-accounts.html

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Family members with someone incarcerated can benefit from various resources. Organizations like the Prison Fellowship offer support and guidance. Additionally, local legal aid services can assist with legal matters, including power of attorney. Books and online resources about navigating the prison system can also be helpful. Connecting with support groups can provide emotional support and practical advice from others in similar situations.