Legal Question in Wills and Trusts in Michigan
Very brief update:
When i moved my mother here from Virginia to take care of her in August she opened her banking with a joint account with both of our names. I wrote her bills and hired medical home health care for her. I am legally the POA over my mother.
With it being processed as joint accounts am I the surviving joint owner of the funds??
1 Answer from Attorneys
The only way you could be her attorney in fact (agent) under her power of attorney would be if she signed a document titled "durable power of attorney". This is the type of power of attorney that survives a person's incapacity and is only ineffective upon death or revocation. Other power of attorneys are not longer effective when a person becomes incapacitated. Is your mother competent?
As for the joint account if your mother was competent when she added your name the presumption when she passes the account becomes yours.
If you need to discuss further, you can contact me through our website
www.thecenterforelderlaw.com
Don Rosenberg
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