Confused what to do with safety box

My elderly mother is sitting in a hospital not doing very well. A long time ago she gave me a durable general power of attorney to handle all her affairs as she became unable to. She does not have a Will. I have used this POA on several occasions but with her permission. I do not know how to handle a safety deposit box that she has rented in her name. The box has her valuables along with cash. The POA clearly gives me the right to drill out any safety box rented in her name. Do I have the right to march into the establishment where she rented the box, with POA in hand, and ask to have the box drilled and empty its contents ? I'm trying to prevent this case from going to probate court at all costs. I was told that my POA will be invalid if the principal passes away. Can I take legal action against the establishment if I am not allowed access to the box , even though I have the POA and my mother is unable to communicate ? Thank you.

a right to have it drilled out? I don't think so.

If you have a valid POA, why would you not have the key?



I suspect unless you go to court to have the court acknowledge the POA and order the bank to allow access, I doubt you will be allowed access to "drill it out".

So, what was wrong with the answer you got last August?

And just what is your purpose in wanting to get your POA hands on the contents of the box?

To see that they are kept more “secure”, like maybe safe from mother’s creditors?

I have a suspicion that you may have already spoken with the bank. (Otherwise why come here first?)

And they’ve told you that you will need a court order. At least I hope that is, or will be the case.

op received an answer here:

https://forum.freeadvice.com/elder-law-powers-attorney-living-wills-advance-health-care-directives-115/durable-power-attorney-question-425329.html

and is still intent on obtaining the contents of the box. I would suggest it has less to do with moms creditors and more to do with the enrichment of the OP.

Then I suppose it’s just pure coincidence that there are TEN TIMES more questions posted in these forums over the suspected ABUSE of a power of attorney by a relative, than their legitimate USE by a relative!

Sax

As the River City school board member said about Professor (“Gold Medal Class of ‘05”) Harold Hill:

"MAKE HIM PUT UP A BOND!"

and here we have a relative with a POA.

does that mean that even things out or are twice condemned or twice aquitted?

Why do people thing there is some goofy stuff going on ??? I'm coming here for honest answers. I am not out to "get" somebody or do anything illegal. And NO I have not contacted the institution where the box is. As a matter of fact, I got advice from a practicing attorney after I posted my question here and was told that I can indeed drill it out if I want to as long as the POA expressly gives me this right. My mother is sitting in a hospital unable to even talk. I have no idea where the key is (she always kept it). POA's are intended for a reason - that being to fulfill the wishes of the principal and make life easier for everybody. But to portray any holder of a POA as a possible thief is a disgrace to law and to all law abiding people.

Why do people thing there is some goofy stuff going on ???

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because you are so insistent on getting into that box with no justification

I'm coming here for honest answers. I am not out to "get" somebody or do anything illegal.

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Maybe I an just jaded but I only call them as I see them.

As a matter of fact, I got advice from a practicing attorney after I posted my question here and was told that I can indeed drill it out if I want to as long as the POA expressly gives me this right

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and have you expressly been given this right (that means that specific action is included in the POA document)

. My mother is sitting in a hospital unable to even talk

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.then I guess she cannot give you express permission now either.

I have no idea where the key is (she always kept it).

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then ask her. If you do not have the key and you do not know what is in the box, why do you believe you would have any NEED and as such any right to open the box. A POA is not a free for all pass to a persons property.

POA's are intended for a reason - that being to fulfill the wishes of the principal and make life easier for everybody.

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it has nothing to do with making life easier for anybody actually. It is to allow the principals legal needs to be seen to.

But to portray any holder of a POA as a possible thief is a disgrace to law and to all law abiding people.

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well, unless you have a justification for entering the box, you are abusing the POA. As you have been informed, a bank does not have to honor the POA and if the decide not to, your only recourse is to go to court and seek a courts order for them to honor the POA.


So, you have yet to state why you need in the box? If you do not want those here to see your actions as abusive, at best, and criminal, at worst, then pony up a reasonable explanation for needing to get in the box.

I've had this POA for a long time and never even once tried to do anything without her wishes. I never once tried to access the box. The situation now is different. She is very sick and frankly I don't know if she will make it. I am afraid if she passes away then for sure I will not be able to access the box. It will be turned over to a probate judge and that will take time and unnecessary expense. If she gets better for just one day, I will bring a lawyer to her bed side and draft something that is much stronger than this darn POA, like a Last Will and Testament so there will be no confusion as to what her wishes are !

I still do not see you stating a reason for accessing the box.

you are mistaken as to the box being turned over to a judge. Once probate is files and letters of administration of given, the administrator has access to the box. In a situation where a full blown probate is not needed, letters testamentary are issued and the person named as admin still has access to the box.


You just seemed to intent on gaining access to the box now, with no justification.

and a will will not alter exactly what I just stated either other than it may reduce the time to establish the administrator, if the person is named.

It will be turned over to a probate judge and that will take time and unnecessary expense.

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No, it won't. The appointed administrator of the estate will 1) access the box, 2) take possession of the contents, and 3) distribute the contents according to her will or the intestate succession laws of your state after any legitimate creditors are paid.

The exact same steps (except #1) as would happen if the contents were not in the safety deposit box.

justalayman said:

I still do not see you stating a reason for accessing the box.

you are mistaken as to the box being turned over to a judge. Once probate is files and letters of administration of given, the administrator has access to the box. In a situation where a full blown probate is not needed, letters testamentary are issued and the person named as admin still has access to the box....

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Aw, snap! Beat me to it!

anteater said:

Aw, snap! Beat me to it!

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boredom has its benefits

Ok, thank you very much for the responses. I think I'm getting somewhere. It seems to me she must appoint someone to handle her legal issues, including the box. So when an Administrator is assigned, he/she will have no problem accessing the box and then follow her wishes as to what she wants done with its contents. Is everybody on board with this one ? Only problem now is making her well enough to do that.

even if she cannot assign an administrator, probate can still be opened and an administrator appointed. Once that is established, they will have full access to the box and will be able to do with it as a will or the laws of intestate succession direct.


If you are being forthright about simply being concerned about her well being and have no true need to access the box now, just relax. The box is not going to magically disappear if she passes.