Legal Question in Elder Law in South Dakota
Power of attorney
Is power of attorney over an elderly person's bank account filed at the court house? If not how do I find out if one was signed?
Asked on 2/29/04, 8:10 pm
1 Answer from Attorneys
Thomas T. Schlake
Thomas T. Schlake Law Offices
Re: Power of attorney
Dear Sir/Madam:
Ordinarily a power of attorney for property would be recorded only if the principal owned real property. If only personal property is involved, i.e., a bank account, the instrument would not be recorded. Consequently, the only way to discover whether the principal signed a power of attorney is to ask him or her. If the principal is unwilling or unable to answer, you would have to have access to his or her bank statement or other record.
Answered on 3/02/04, 7:15 pm
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