Power of Attorney Question

[lmoore1031]

What is the name of your state (only U.S. law)? North Carolina
My Dad has Power of Attorney for my Grandfather. My question is if my Dad has this Power of Attorney, should my Aunt have been able to put her name on my Grandfather's account (which is her Dad) and gotten a debit card without the approval of the Power of Attorney. The Bank has a copy of the Power of Attorney but for some reason my Aunt was still able to get her name on my Grandfather's account. She has been draining my Grandfather's account and it is now over $500 overdrawn. When we asked the bank to take her name off, they said that my Grandfather would have to come in and get it taken off and my Aunt would have to close the debit card. But my thought is that it should not have happened in the first place with out the approval of my Dad who has Power of Attorney. Am I correct in this thinking? And if so, how can we get the bank to make those changes?

 

[anteater]

While banks do make mistakes, they generally do not just let anybody walk in and add their names to others' accounts. One way or another, your aunt probably obtained your grandfather's authorization for this transaction. And, if the transaction made the aunt a co-owner, it may not be as simple as grandfather visiting the bank and taking her name off the account.

A Power of Attorney does not extinguish the principal's (the person granting the power) ability to act on their own if the principal is still mentally competent.