Legal Question in Constitutional Law in Massachusetts
Legal POA vs Bank POA
My sister and I hold a legal POA over my elderly mother. This docuement states that ''My Attorney shall have full power to draw checks or other orders upon all bank accnts.'' My sister opened a joint checking account w/o this docuement or the bank's POA. I would like to see what checks have been written over the years. My sister and I have had a fallen out and no longer are talking because I am questioning her integraty. I have approached the bank and have shown them a copy of this POA and have asked to see statements. They are refusing to disclose any information on this account because it is joint between my mother and sister. I would need a POA with both my mother's and sister's signature for them to release info to me.
1 Answer from Attorneys
Re: Legal POA vs Bank POA
So what is the question. You sister is entitled to open an account with any person, without the data being released. By releasing the account information, the bank would reach into your sister's data, for which you have no POA, unless the account began with your sister as a POA for your mother. It does seem strange that your sister w/POA for your mother starts an account with her and her mother. The trick is to reach for your mother's information, and to ask for data that only relates to your mother. I assume that the issue is that your mother's money is being deposited into the account. You can track this by reaching into the source.
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