I currently have a DPOA over my mothers finances. It was filed with the bank using there forms. They will only allow me access to the accounts on which I am a co-owner. She has two CD accounts, one of which recently matured. Her funds in her checking and savings are dwindling and I need to close the CD accounts in order to pay her bills and her assisted living. They are refusing me on this. They even called the Police and Social Services and I was investigated for Elder abuse. The authorities said they were satisfied that no wrong doing was going on and closed there case. However the bank is still refusing to close the accounts.
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I'm guessing that the POA isn't less than six months old. That MAY be the rub. Here's the problem as I see it: how does the bank know your mom didn't prepare another POA since issuance of THAT one that names someone ELSE as POA?
The bank is protecting itself from liability. If they won't let you access those funds, ask an attorney to get a court order enforcing that POA. Before you do that, you may want to INSIST the bank let you talk to their legal dept so you can find out exactly why they won't honor their own forms and what you would have to do to access mom's accounts. Right now, they have all the power. Be nice.
One other thing could possibly be going on. Mom, with the help of another relative, may have formally rescinded your POA. The bank has no obligation to tell you that, but,in THAT case, there is absolutely nothing you could do to access that money.
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that I co-own. However, if I am co-owner I wouldn't need a DPOA would I? So what good is the DPOA doing me at this point
If I were you I would be so PO'd I would switch banks!