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Elder Law, Powers of Attorney, Living Wills (Advance Health Care Directives) : Includes Court Appointed Conservatorship, Elder Abuse, Durable Powers of Attorney, etc.
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  #1  
Old 06-06-2005, 04:14 PM
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Join Date: Jun 2005
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POA vs. Joint Survivorship


My grandmother passed away in March in South Carolina and we are trying to transfer everything into an estate account. Upon helping the lawyer and my great aunt, my grandmothers sister, do all of this we have found out that one of the accounts that I opened as my grandmothers POA was also put in my name as joint survivorship. As a result the lawyer nor my great aunt can access this account. After finding out from the bank 2 weeks ago that I can do what I choose with the account because it's mine, they are now saying that they will not close out the account to me because of the confusion of the estate. What it comes down to is that they have been influenced by my aunt and the lawyer. My aunt is not an heir, just the executor but she does not like me and has a lot of money and influence. I never knew this was my account until 3 weeks ago so I'm not sure what is going on. When I opened this account 2 1/2 years ago, obviously it was opened as a POA account and a Joint Survivorship account. The lady who helped me open this is no longer employeed at the bank so there is confusion of how and why this was done. The bank attorney wants me and my aunt to settle this but my aunt refuses to discuss the matter. So I need to know which way this will probably be decided. Is this a POA account or a joint survivorship account? Can the bank deny me access to this account after saying it was mine? Do I have rights to the money if I by accident I opened it as a joint survivorship account and POA account?
  #2  
Old 06-07-2005, 06:12 AM
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Join Date: Feb 2002
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Quote:
Upon helping the lawyer and my great aunt, my grandmothers sister, do all of this we have found out that one of the accounts that I opened as my grandmothers POA was also put in my name as joint survivorship.
Since it was YOU that opened the account using your POA, how could WE, which includes you, find out that the account was "joint survivorship"?
Quote:
So I need to know which way this will probably be decided. Is this a POA account or a joint survivorship account?
This is something that the court will decide.
Quote:
Can the bank deny me access to this account after saying it was mine?
In this instance, yes.
Quote:
Do I have rights to the money if I by accident I opened it as a joint survivorship account and POA account?
You are going to have an uphill battle convincing others that this was done by "accident". You have no right to the money until the court tells you that you do.
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