step family dispute following death

Torry_Quine

It does seem that the stepsister was behaving as if she had POA

louthemoo20

Yep she was. Her behaviour since has been very suspicious so the family think she might have been up to something she shouldnt have.

Keep_pedalling

The reason for being locked out of the account, is almost certainly because someone has informed the bank of his death, at which point the account is frozen.

securityguy

Mojisola wrote: »

So the POA was neglecting his duties? You can't take on a legal role like that and not take control of the donor's finances - that would include changing passwords that someone else might know.

More to the point, you shouldn't be operating a bank account under a POA just by having the donor's password, you should have gone to the bank and set up appropriate internet banking facilities such that you log on as yourself but have access to the donor's accounts. In the same way as being a power of attorney doesn't give you permission to use the donor's cards with the donor's PIN.

securityguy

louthemoo20 wrote: »

Yep she was. Her behaviour since has been very suspicious so the family think she might have been up to something she shouldnt have.

So what was the holder of the power of attorney doing about this while the donor was alive?

slowpoke_rodriguez

louthemoo20 wrote: »

My friends brother has power of attorney but the step sister has locked him out of his dads bank acct.

Thanks
louise

Did he have access to the account before his father's death? If he had power of attorney, he should have done, surely?

konark

Let's hope that if the will turns up the guy who's been asleep at the wheel with the POA isn't named the executor!

Problem is you need to find the will, the solicitors he had it made at might be storing it, but if it's in the house you have no right of access.

Who registered the death and has the death certificate?, they could certainly ask at the bank for a statement of all transactions prior to death to see if there's anything amiss.

Who's paying for the funeral?

louthemoo20

Sorry im not sure of the answers to alot of this as im not directly involved. Yes the poa did neclet his duties but thats in the past now so cant be changed. I know it was him that registered the death & arranged the funeral & they have requested copy bank statements. All they want are dads personal items like photos from the house at this stage.

Mojisola

louthemoo20 wrote: »

Sorry im not sure of the answers to alot of this as im not directly involved. Yes the poa did neclet his duties but thats in the past now so cant be changed. I know it was him that registered the death & arranged the funeral & they have requested copy bank statements.

He doesn't have any right to ask for bank statements now because the POA stops when the donor dies.

The POA's actions or inactions are still important because he was legally responsible for the donor's finances. If he allowed the step-sister to take money from the accounts, he is as responsible as her. Chasing her to get money back will raise issues of his incompetence.

konark

Banks will release a frightening amount of money without probate to the person with the death certificate so I'm sure they will provide him with statement for the account. Technically he has no 'right' to ask for them but if you don't ask you don't get.