Skip to content

Can Checking Account Guardian Appoint Agent?

Question: 
Can a guardian of a checking account appoint a designated agent?
Answer: 

Answer by John Burnett: Probably not. Guardians are appointed by the court to perform certain duties and they are not given authorization to delegate those duties or responsibilities to other individuals. Unless state law provides otherwise, or the guardian's appointment order specifically provides for the appointment of an agent, it would not be prudent for your bank to acknowledge or accept such an appointment.

The guardian is often permitted to engage a professional to assist in managing investments, etc., for the guardianship estate, but that's not the sort of agency I think you are inquiring about.

If the guardian in question insists that he or she is authorized to appoint an agent, you certainly should request the basis for the guardian's assertion, and you should verify its authenticity with bank counsel.

Answer: 

Answer by Ken Golliher: If it took a court order to enable the guardian to sign on the account, it will take another court order to enable anyone else to sign on the account.

First published on BankersOnline.com 1/24/11

First published on 01/24/2011

Filed under: 
Filed under operations as: 

Banker Store View All

From training, policies, forms, and publications, to office products and occasional gifts, it’s available here:

Banker Store

hot right now

image description

Looking for effective, convenient training on a particular subject?

BOL Learning Connect offers more than 200 courses ON-DEMAND or on CD ROM from AML to Reg Z and every topic in between.

Search Topics