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Special Durable Power of Attorney for Bank Account Matters - New Mexico

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The document is a Special Durable Power of Attorney for bank account matters in New Mexico, allowing the principal to appoint an agent with full authority to manage their bank accounts. This includes making deposits, withdrawals, writing checks, opening new accounts, and handling automatic withdrawals. The power remains effective even if the principal becomes incapacitated. The document also includes provisions for indemnification of the bank and requires witnesses to confirm the principal's sound mind and voluntary signing.

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What are the limitations of a durable power of attorney?

The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.

Can power of attorney take over a bank account?

As long as the power of attorney (POA) follows the laws of your state, banks, credit unions, and other third parties should accept it. Ask to speak to the branch manager, a supervisor, or an attorney for the bank or credit union.

What are the rules for power of attorney in New Mexico?

The POA must be signed in the presence of a notary public to be valid. New Mexico law does not require a POA to be witnessed, but witnesses may strengthen the validity of the document if it is challenged.

Why are banks so picky about POA?

Reasons a financial institution may reject a financial power of attorney include: The financial power of attorney is considered too stale because it was executed several years earlier. Legally, a durable power of attorney does not expire until it is revoked by the principal or the principal dies.

Does a durable power of attorney cover bank accounts?

Because a power of attorney may grant very broad power over your property, including your bank accounts, we recommend that you consult a legal advisor, estate planner or other tax professional to see whats right for your situation.

What are the disadvantages of a durable power of attorney?

One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.

Can POA spend your money?

This type of financial exploitation is illegal and punishable under California laws and federal laws. If you believe an elder is a victim of elder abuse, every county in California has an Adult Protective Services agency.

What three decisions cannot be made by a legal power of attorney?

When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.

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