Legal Question in Wills and Trusts in Florida
Someone has been given financial power of attorney and was added to a checking account in order to perform the power of attorney duties. Is the person with power of attorney still able to continue using the bank account after the person who gave them power of attorney passes away?
2 Answers from Attorneys
If the person was added to the checking account as a joint holder of the account, that person continues to be able to use the checking account. Bank policies may affect transfer of the account to only that person's name, but generally the joint account holder's ownership survives the death of the other party. A joint holder of the account does not need a POA to use the checking account.
A Power of Attorney terminates upon the death of the principal (more specifically, upon notice to the agent of the passing). However, if the account is joint, then that would continue, with the joint owner becoming the sole owner.
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