Legal Question in Elder Law in Florida

I recently gave a Durable Power Of Attorney to a friends bank, who has dementia. The banks response was verbally to tell me that in order for them to approve the document, I would have to sign up with Social Security to be a payee representativefirst, and then they will take the order seriously. What has happen in a nutshell is this. my friend has been coaxed by the owner of where she lives, with going with her to the bank to with draw funds out to pay her rent. Well, this one particular time, the bank noticed that she was once again with this man from the home, asking her to take out more than her rent. The bank is very familar with her condition but still wants me to jump when they say jump. I am not going to partake with Social Security, because they will not honor anything on this power of attorney. nor do they have too from my understanding. My questions are these. The bank states regardless of the power of attorney, this will not stop my friend from coming in with the same gentleman to access her account. How can I use the durable power of attorney without the banks stipulation, which i don't think is legal, and protect my friend, and or going through the courts, and or Social Securtiy?


Asked on 5/23/15, 11:07 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

With a durable power of attorney you can pay her finances as needed. AS to the bank, have the account removed to another bank entity that will honor the poa. Otherwise you will have to do a guardianship over her which can be paid from her funds as she will be considered indigent and there will be no fees from you. Talk to an attorney who can handle this for you otherwise she will be broke. Tell the gentleman if he comes back to get funds again you will have him investigated and file charges of extortion as she is unable to make decision for her self.

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Answered on 5/25/15, 6:08 am


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