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Who Can Act On Your IRA?...Power Of Attorney Information

It's common for a married couple to hold a joint account (Joint Tenant With Rights Of Survivor) for their taxable accounts and also to hold individual IRA accounts. Your spouse is often the beneficiary of your IRA but; is not the joint owner. What happens if the IRA owner is incapacitated and can't make decisions on their IRA?

It's a good idea to contact your bank or financial instituiton and and establish trading authority or Power of Attorney on your spouse's IRA. Your bank or mutual fund company may have documents to establish this on the IRA or ask you to submit your legal documents.

ElderLawAnswers.com provides some insight into Power Of Attorney:

For most people, the durable power of attorney is the most important estate planning instrument available--even more useful than a will. A power of attorney allows a person you appoint -- your "attorney-in-fact" -- to act in your place for financial purposes when and if you ever become incapacitated.

In that case, the person you choose will be able to step in and take care of your financial affairs. Without a durable power of attorney, no one can represent you unless a court appoints a conservator or guardian. That court process takes time, costs money, and the judge may not choose the person you would prefer. In addition, under a guardianship or conservatorship, your representative may have to seek court permission to take planning steps that she could implement immediately under a simple durable power of attorney.

 

Posted on Sunday, April 26 by Registered CommenterWise Owl | Comments Off