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Home >> Special Situations >> Deceased Individuals
Sister Takes Over Everything as POA
My sister and I were both beneficiaries on my mom's Will, splitting everything between us, except the bank account, which was already divided according to her wishes. A few months prior to mom's passing, my sister suggested she get a power of attorney naming the two of us. She went to the bank by herself and added her name to accounts that were just in my name. This was not my mom's intention, but my sister's in order to get any extra monies she could out of the estate. Was she within the law?
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 If the accounts in question were truly in your name alone, the power of attorney granted by your mother would not give your sister access to them. However, if you meant to say that those accounts were your mother's accounts, and you were either the only joint owner or the only designated beneficiary, then the power of attorney would have given your sister the authority to access those accounts. However, even with that authority, if your sister knowingly went against your mother's wishes, she could have breached her fiduciary responsibility to your mother.
Unfortunately, with your mother's passing, it will be difficult at best to prove what her intentions were. If you believe that your sister has taken money that is rightfully yours, you will have to decide whether the effort to recover the funds will be worth it. It could require a court proceeding.
Published on BankingQuestions.com 1/14/09
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