Legal Question in Wills and Trusts in Arizona

My mother is being placed in a nursing home and we don't believe she will alive for much longer. My sister has power of attorney for my mother and she is on our mother's bank account. (They live in Illinois.) My question is, can my sister withdrawl money from my mother's account, say 10K, without having any legal issues.


Asked on 7/14/11, 11:07 am

2 Answers from Attorneys
Scott Hyder Law Office of Scott W. Hyder, PLC

If she is on the account, then she has legal title to the money as well. Also, if the power of attorney is written correctly, that is added protection for your sister.

http://scotthyderlaw.com/

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Answered on 7/14/11, 1:05 pm
Donald Scher Donald T. Scher & Associates, P.C.

If the account is titled in the name of both mother and sister, then she would be a joint owner of the account. If the account is titled in mother's name alone, then sister is an authorized signer and could write a check to herself. However, if sister is acting under the authority of mother's power of attorney (healthcare? general?) (Durable?), then your sister owes a fiduciary duty to mother and cannot take her money for herself, and must only use mom's money for mom's benefit.

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Answered on 7/14/11, 2:59 pm


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