What you can do with power of attorney at a bank
As power of attorney, you can access and manage a bank account on behalf of another person, but only if the account holder named you in the power of attorney document and the bank recognizes that document. You cannot simply show up with a power of attorney letter and expect the bank to hand over access — the bank has its own verification process, and different banks have different requirements for what paperwork they will accept.
The account holder (called the principal) must have signed the power of attorney document while they were mentally capable of understanding what they were doing. If the principal is already incapacitated, you cannot create a power of attorney retroactively — you would need to pursue guardianship or conservatorship through a court instead, which is slower and more expensive.
What you can actually do depends on the type of power of attorney. A general power of attorney gives you broad authority over finances, including bank accounts. A limited power of attorney might restrict you to specific accounts or specific transactions. A durable power of attorney remains valid even if the principal becomes incapacitated, which is why many people use it for long-term planning. A springing power of attorney only activates when a specific event happens — usually when a doctor certifies the principal is no longer able to manage their own affairs.
Key Takeaways
- The principal must have signed the power of attorney document while mentally capable, and the document must specifically authorize bank account access.
- Banks do not recognize all power of attorney documents — many require the document to be notarized, and some require their own internal form.
- You will need to bring the original power of attorney document (or a certified copy) plus government-issued ID to the bank in person.
- The bank's verification process can take one to four weeks, and some banks will not process a power of attorney if the principal is deceased.
- If the principal is already incapacitated and no power of attorney exists, you must pursue guardianship through probate court, which takes months and costs money.
What documents the bank will ask for
Bring the original power of attorney document or a certified copy to the bank. A photocopy is usually not enough. If you only have a photocopy, ask the court clerk's office or the attorney who drafted the document whether they can issue a certified copy — this is a copy stamped and signed by an official as a true reproduction of the original.
Bring your own government-issued photo ID (driver's license, passport, or state ID card). The bank needs to verify that you are the person named in the power of attorney document.
Some banks require the power of attorney to be notarized — meaning a notary public witnessed the principal's signature and certified it. If your document is not notarized and the bank requires it, you cannot simply have it notarized now. The principal must have been notarized at the time they signed it. If that did not happen, you will need to ask the principal to sign a new power of attorney document in front of a notary, or ask the bank whether they have an alternative process.
Many banks have their own power of attorney form that they prefer you to use instead of your own document. Ask the bank whether they have one before you arrive. If they do, the principal will need to sign their form (in front of a notary if the bank requires it), and you will submit that along with your ID. This adds time to the process but is often the fastest way to get the bank to recognize your authority.
How to start the process at your bank
Call the bank's main customer service line and ask to speak with someone in the power of attorney department or trust and estate department. Do not go to a teller or a regular customer service representative — they will not be able to process this. Ask them what documents they need, whether they have their own form, and whether the power of attorney needs to be notarized.
If the principal is still alive and able to communicate, ask whether the bank will accept a phone call or video call from the principal to verify that they authorized you. Some banks require this; others do not. If the principal is incapacitated, tell the bank that upfront — they may have a different process for durable powers of attorney.
Once you have gathered the documents, you can usually submit them in person at a branch, by mail, or sometimes by email or secure upload. Ask the bank which method they prefer and whether they have a specific address or email for power of attorney submissions. In-person submission is often faster because the bank can verify your ID immediately and ask follow-up questions on the spot.
The bank will then verify the document, confirm that it has not been revoked, and set up access to the account under your name. This process typically takes one to four weeks, depending on the bank and how busy they are.
What happens if the principal is deceased
If the principal has died, a power of attorney is no longer valid — it ends automatically at death. You cannot use it to access the account after that point. Instead, the account becomes part of the principal's estate and must be handled through probate court or through the bank's own procedures for deceased account holders.
If you are the executor or beneficiary named in the principal's will, you will need to provide the bank with a copy of the death certificate and either the will itself or a court document (called letters testamentary or letters of administration) that proves you have authority over the estate. This process is different from power of attorney and usually takes longer.
If there is no will and you are a close family member, some banks allow you to claim small accounts directly without going through probate, but the rules vary by state and by bank. Call the bank and ask about their process for deceased account holders.
When the bank refuses to recognize the power of attorney
Some banks will refuse a power of attorney document if it is too old (older than five or ten years), if it does not meet their specific requirements, or if they suspect it may have been revoked. If this happens, ask the bank in writing what their specific objection is. Get the name and title of the person who refused it.
If the bank's objection is that the document is not notarized or does not match their form, ask whether the principal can sign a new document or the bank's form. If the principal is incapacitated and cannot sign, you may need to pursue guardianship through probate court instead. This is a court process that takes several months and costs money in filing fees and possibly attorney fees, but it gives you legal authority that banks cannot refuse.
If you believe the bank is wrongfully refusing a valid power of attorney, you can file a complaint with your state's banking regulator (usually called the Department of Financial Services or Department of Banking). You can also consult an attorney who specializes in elder law or estate planning — they can sometimes pressure the bank to comply or help you pursue guardianship if that becomes necessary.
What you can and cannot do once you have access
Once the bank recognizes your power of attorney, you can perform the transactions that the document authorizes. This usually includes withdrawing money, depositing checks, paying bills, transferring funds between accounts, and closing the account. Some powers of attorney restrict you — for example, you might be authorized to withdraw money for the principal's medical expenses but not to gift money to yourself or others.
You must act in the principal's best interest and keep detailed records of every transaction you make. If you misuse the account — for example, by withdrawing money for your own personal use — the principal or their heirs can sue you for theft or breach of fiduciary duty. Some states have criminal penalties for misusing a power of attorney as well.
If the principal is still alive, they can revoke the power of attorney at any time by signing a written revocation and giving it to the bank. Once revoked, your access ends immediately. If the principal becomes incapacitated, a durable power of attorney remains in effect, but a regular power of attorney ends.
Alternatives if power of attorney is not an option
If no power of attorney exists and the principal is incapacitated, you can pursue guardianship or conservatorship through probate court. Guardianship gives you authority over the person's medical and personal decisions; conservatorship gives you authority over their finances. Some states use the term "conservatorship" for both. This process requires filing a petition with the court, notifying the principal and their family members, and sometimes having a judge interview the principal. It takes two to six months and costs several hundred to several thousand dollars in court fees and attorney fees.
If the account is small and the principal is deceased, some banks allow family members to withdraw money without going through probate, under a process called succession without administration or small estate procedures. The rules vary by state and by bank. Call the bank and ask whether this option is available.
If the principal is still alive but has not named you as power of attorney and is not incapacitated, you have no legal right to access their account. You would need to ask them to add you as an authorized user or to sign a power of attorney document.
Frequently Asked Questions
Can I add myself as a signer on the account instead of using power of attorney?
Yes, and it is often simpler. If the principal is alive and able to visit the bank, they can add you as a joint account holder or authorized user directly through the bank. This does not require a power of attorney document or a notary. However, this gives you permanent access to the account even after the principal dies or asks you to stop, so it is not ideal for temporary or limited authority.
What if the power of attorney document is very old?
Banks sometimes refuse power of attorney documents that are more than five or ten years old, even if they are still legally valid. If this happens, ask the bank what their specific age limit is. If the principal is still alive and capable, the simplest solution is to have them sign a new power of attorney document. If they are incapacitated, you may need to pursue guardianship instead.
Do I have to tell the principal every time I use the power of attorney?
If the principal is still capable of understanding, it is good practice to keep them informed, but the law does not require it. If the principal is incapacitated, you do not need their permission, but you must keep records of your transactions and act in their best interest. You may be required to report to the court if guardianship is involved.
What if I lose the original power of attorney document?
Contact the attorney who drafted it or the court clerk's office where it was filed (if it was filed). They can issue a certified copy, which most banks will accept in place of the original. If you cannot locate a copy anywhere, you may need to have the principal sign a new power of attorney document, or pursue guardianship if the principal is incapacitated.
Can I use power of attorney to access accounts at multiple banks?
Yes, the same power of attorney document works at all banks, but you must submit it to each bank separately and go through their verification process for each one. Some banks process it faster than others, so do not assume all your accounts will be accessible at the same time.