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As the POA can I access my brother's bank account, that his wife is also on, and  withdraw money? He has taxes to be paid for 2023. Wifey abandoned him and he moved back into his reverse mortgage home, but in April 2024 I had to put him in a nursing home. I'm in the process of clearing out his personal belongings. I came across some important paperwork that said I have to make sure previous taxes are paid.

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The Reverse will come due the second the Mortgage Holder finds out Dad is not living there anymore. Taxes aren't the worry now, selling the house to pay off the Reverse Lender is. Taxes will be taken out of escrow.
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Reply to Dawn88
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This is a question for the bank. Different banks have different views as to who owns how much of the money in a jointly held account.

If your PoA is legally active, then take the paperwork with you when you go for the appointment at the bank. They have their own protocol for accepting your PoA status. Make sure to also have your brother's medical diagnosis on the clinic's letterhead and signed by his doctor to prove you've met the activation criteria.

They may also want you to bring in ID for your brother, so make sure to ask if they require this as well.
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Reply to Geaton777
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This is a new one. Wife still on the account. Did she take her share when she left him? I wonder as his POA you can open another account and close the old one? Just make sure SS and any pension is aware of the acct change. Leave old acct open until ur sure SS is going to the new.

Is Dad private paying for his care or on Medicaid? If on Medicaid, there should be no money for taxes. Your Dad being in a NH means the house will revert to the Mortgage lender since Dad is no longer living in it. If sold he will get what is left after the lender takes what is owed them. Is wifey on the mortgage because she is entitled to her share. I would not worry about taxes at this point. The Township will put a lien on the house which will be satisfied at time of sale. Your Dad will probably lose the house.
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Reply to JoAnn29
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Has the POA been activated? What's your brother's condition right now...meaning, is he incompetent to take care of his affairs himself?

I would've right away said yes but the wife on the account made me stop.

Frankly, I don't have an answer that I know would be legally correct.

Here's what I'd do: Take the POA to the bank, request the branch manager, sit down and show them your paperwork, explain the wife situation, present the tax obligation, ask for a cashier's check in the exact amount to be made payable to the IRS. Don't ask for cash in hand or anything payable to yourself.

If this doesn't work and it's an obligation you can take care of yourself then do so and pay yourself back from your brother's funds when you can get this legally sorted out.

Edit: The more I read back on your question, the more I'm focused on the wife and her responsibility for this obligation.
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Reply to Sha1911
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