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#89069 - 06/17/03 04:32 PM POA and Grantor's Rights
Anonymous
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Am I correct that even though a mother gives her daughter a power of attorney we could still conduct business with the mother "if" we choose?

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#89070 - 06/17/03 05:20 PM Re: POA and Grantor's Rights
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
A power of attorney does nothing to change the rights of the grantor to act on his/her own behalf. The POA is the creation of an agency relationship that allows the attorney in fact (AIF) to act on behalf of the principal, but does not in any way prevent the principal from acting him or herself.

Only if an individual is found incompetent by a court (or has not reached majority) is the individual prevented from acting on his/her own behalf. Then the party acting on behalf of the individual becomes a conservator or guardian.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
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#89071 - 06/17/03 05:22 PM Re: POA and Grantor's Rights
1111 Offline
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1111
Joined: Jan 2003
Posts: 580
Quote:

Am I correct that even though a mother gives her daughter a power of attorney we could still conduct business with the mother "if" we choose?




Absolutely correct. The power of attorney simply adds another person or entity to the mix of people that can directly handle the grantor's covered accounts. It does not reduce or eliminate mother role.

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#89072 - 06/17/03 05:30 PM Re: POA and Grantor's Rights
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Quote:

It does not reduce or eliminate mother role.



Thank goodness! We should never eliminate the role of mother! (Couldn't resist, folks)
_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

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#89073 - 06/17/03 05:49 PM Re: POA and Grantor's Rights
Anonymous
Unregistered

Thank you very much.

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