Legal Question in Elder Law in New Jersey

I have Power of Attorney for my dad and my mom. Mom has since passed away and dad will be 94 soon and starting to get forgetful, as in forgetting to pay last years income taxes. He's still living in his home, but I see the time coming when I will have to hire help to keep him in his home. My POA gives me power and authority to conduct banking transactions as set forth in Section 2 of Public Laws of 1991 of the State of New Jersey, chapter 95 N.J.S.A. 46:2B-8 et seq. The way I read this is that I collect monies, maintain accounts, etc and will become effective upon any disability on his part. I went to his bank with POA in hand and they wouldn't honor it. I had to have him go with me and add my name to his accounts, but he also has accounts at another bank. Is this POA enough to allow me to withdraw and or close those accounts if he becomes incompetent or passes away? I feel so funny asking him to add me to his accounts, but all I want is for him to spend the rest of his days in his own home. I'm an only child and want the best for my dad.


Asked on 4/13/14, 7:49 am

1 Answer from Attorneys
Kevin Pollock Law Office of Kevin A. Pollock LLC

Please be aware that the Power of Attorney is only effective while your dad is alive, not after he passes. After he passes, you will need to go through probate if he has assets left in just his name. As his agent, you should be able to withdraw or retitle the accounts now.

Many banks will give you a problem with the power of attorney and will want you to use their forms. If this happens, INSIST on speaking to a manager or the legal department and ultimately they will agree to allow you to use your form if it is in proper order.

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Answered on 4/14/14, 7:28 am


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