Legal Question in Elder Law in Texas

If I have a active financial durable power of attorney can my fathers new wife be put on his bank account without my consent?


Asked on 5/25/11, 4:45 pm

1 Answer from Attorneys

Brian Thomas Burdette & Rice PLLC

A power of attorney -- even a durable one -- is only a grant of joint authority to you (the agent) by your father (the principal). It does not remove any authority related to your father's finances that he holds, as it merely authorizes you to engage in specific acts, as he instructs, and within his best interests. Your father doesn't need your consent to manage his financial affairs.

Add to that the fact that powers of attorney are completely revocable. You may not want to rock the boat if in turn your father decides that he no longer wishes to have you serve as his agent.

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Answered on 5/25/11, 4:49 pm


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