• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Indiana Durable Power of Attorney questions please?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ring

Junior Member
What is the name of your state (only U.S. law)? Indiana

I was apointed my Aunt's Durable Power of Attorney for her finances and healthcare.I must say,I'm a newby with this kind of stuff please,bare with me.
I took the POA paper work to my Aunt's bank as I was told to do as soon as possible.At the time I didn't know which paper work to give the banker so I just took in all the paper work I was given by the attorney.I asked the banker what this POA means.He told me you are now in control of your Aunt's life as finance and healthcare.He also,stated that I now have full accsess to my Aunt's bank accounts.To me this all sounds a little harsh/sad to hear and to take in but,it's what I was told by the banker today.So,that's as far as I got today.I guess that's what I was suppose to do as POA.But,I have other questions I need answered about my Aunt's finances?As what am I not allowed to do and what I can do as her POA of finances?
I do understand that all spending of my Aunt's bank account funds must be accounted for and recorded as that's my job to do so as her POA.
With that said,
The simple question is,Can I request a debit card from my Aunt's bank?
The reason for this is to make things easier for me.My Aun't was always the type of person to write checks for everything.For me,I don't own a check book.I don't write checks. I use online banking and a debit card to pay my bills.That's just how I am when it comes to paying my bills and ect.
My Aunt most of the time doesn't feel like getting out to go places as to the bank,shopping for food and other.As once she's in the car that's where she stays until we get back to her home from shopping and such.She just enjoys the car ride.Getting her out and about is another story rare if any is why I'm her POA now.
Before I was her POA she would ask me if she can write a check for me to shop for her.I replied no because,stores don't take 2 party checks.So,that required me to get my Aunt into the car to go to her bank to get any money for food/shopping.Since,now I'm her POA I can now cash her checks for her and draw money out when she needs.My question is do I must keep writing checks inorder to get money for her shopping and bills?Can I make this easier for me to simple request a debit card from the bank for me to use?To me checks & debit cards are all recorded by the bank & bank statements for records.I feel that as long as I keep record of all spending this requesting a debit card shouldn't be a problem or am I wrong by requesting?
I wasn't given a instruction booket or a step by step instuction booklet for POA or a booklet on dos and don'ts for that matter.To me this seems to be a learn as you go idea.If I make a mistake it's my apple so to speak.There seems to be 100's of online links to what you can not do as a POA.Few to none that tells you what you can do.
Same example,
Writing checks to me isn't a good thing to do.For a example,if someone wanted to take advantage of a elderly person.If that elderly person writes a check to someone for a $1,000.That someone will cash that check.If that elderly person made a mistake of that amount.Too late cash is gone...
But,using debit cards has limits and I can set a spending limit on my Aunt's accounts.For the reason of advantage by someone.
I want to setup my Aunt's account with a debit card and online banking and bill pay as auto bill pay so bills aren't paid late anymore.
Can I do this or is this on the list for dos and don'ts?
 


tranquility

Senior Member
Yes, you would have the power to get a debit card if the bank allows it. However, beware. If there is anyone who might challenge your actions, it is a lot easier to prove a paper trail with...um...paper than it is through debit card records. I'd be sure to keep all the receipts as well and avoid getting cash with the card.

While not Indiana specific, a good summary is at:
http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/ab36277c4562e98885256b2f006c5ad6!OpenDocument
 

ecmst12

Senior Member
You should tell your aunt to find someone else as you clearly have no business handling anyone else's finances.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top