Durable power of attorney
My grandfather has been put into a home and has given his daughter (my aunt) DURABLE POWER OF ATTORNEY. She has in my view abused this power, among other things closing checking and money market accounts that were opened IN TRUST FOR myself and also my mother. My grandfather, of sound mind and not having been declared incompetant, wrote a check to me for the balance of the ITF money market in my name. My aunt is angry about this and says that he is ''not allowed'' to sign checks (or anything) when not in her presence. Is this so? My understanding is that she can act in his absence on his behalf, but that since he is not incompetant, he may also act alone and without her permission. Please clarify if he has the ability to act alone with regard to his personal finances. Thank you.
1 Answer from Attorneys
Re: Durable power of attorney
The power of attorney typicaly permits the "attorney" (the person authorized by the grantor of the power) to act "in his or her absence" meaning the grantor can always do what he/she wants. Your aunt is incorrect in that the POA does not bar the grantor from doing anything him or her self; indeed, the grantor can always revoke a POA, durable or otherwise. If the check was written to you by the grantor it's good (assuming the funds are available).
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