Legal Question in Wills and Trusts in North Carolina

Power of attorney

If I have my mothers power of attorney is it possible to put my name on her financial accounts to keep her from dissolving them now that she is showing increasingly severe signs of senility?

Asked on 8/23/04, 10:27 am

2 Answers from Attorneys

Tate Davis Davis Elder & Disability Law Services

Re: Power of attorney

While I don't disagree with the previous answer, one alternative may simply be to convert the account to a "Power of Attorney" account with your signature being required in order to make a transaction from the account. If your mother is agreeable to doing this, it would help you control and oversee the account.

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Answered on 8/24/04, 3:19 pm

Dan Brady Brady, Nordgren, Klym & Morton, PLLC

Re: Power of attorney

It depends on the terms of the power of attorney but it is unlikely that you can simply remove all of your mother's authority with respect to these accounts. You may consider the alternative of having her declared incompetent.

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Answered on 8/23/04, 11:59 am

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