Legal Question in Banking Law in Pennsylvania
my boyfriend (in the process of being divorced) is in jail, he left me his mac card to take money out of account to pay his bills, but his wife's name is still on the account. can she press charges
1 Answer from Attorneys
Get him to give you a power of attorney - you can make it limited to the period in which he will be in jail. Don't just use his ATM card. With the power of attorney, you will be able to pay the bills and transact other business for him legitimately. If he is in the divorce process, he and the soon to be ex-wife need to close the joint bank account and establish separate accounts. The funds in the joint account are marital property and you cannot just take those funds as the wife may be entitled to all or some of the money. With a power of attoreny, you can talk to the ex-wife and close the account or remove the boyfriend's name on the account and open a new account for him.
I can prepare one for you for a fee if you wish or you can search for your own online or at an office supply store.
Rachel Hunter
Attorney at Law
(678)-687-9693
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