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How do I conduct transactions under a power of attorney?

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Question:

I have a durable power of attorney for my mother-in-law. I want to open a bank account in my town to deposit her checks. She has senile dementia, so she can't sign her own checks. Can I write "For Deposit Only" on them? Also, when I pay her bills, do I sign her name -- and should the account be in her name?

Answer:

The best thing to do is take the power of attorney document to the bank with which you want to do business and ask a bank representative each of your questions. Banks being banks, most have their own rules and will be happy to explain them to you.

Chances are, you'll be instructed to open the account in your mother-in-law's name and asked to sign checks with her name followed by your own, including words such as "under power of attorney" and the date of the document or simply, "POA." But the bank will tell you exactly what you need to do to open and manage a bank account on your mother's behalf.

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By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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