Cashing my Grandfathers check and I'm listed as c/o on the check?
So I am my grandfather’s power of attorney and I got his check from his old apartment today (for his deposit) I went to my bank and asked if they could cash it for him since both our names were on it. Like this: HIS NAME c/o MY NAME. They said they’d rather him be in person with me, but since I am his Power of attorney they went ahead and cashed it for me. Now I’m worried that I did something wrong instead of taking it to his bank, I had simply cashed it as mine. Am I in any fault or trouble? This was not a Government check just a check from his old apartment place. Help me please. Any suggestions? I figured it was OK since the bank let me do it. But then I read c/o only means that I was the address it got sent to? So What is going to happen? The check was for $288 he wants me to save it for him so I figured my bank which is closer would be easier to cash it. Also I handle his Social security checks and I’m his representative payee, as well as POA. I don’t know if this would matter or not, but anyways this is separate from anything to do with social security. Just thought if it had relevance I’d add it in. Thanks
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8 Answers
If you give him his money, I don’t see any problem. There won’t be any problem from the bank.
As you have the POA, you are ok as long as you don’t misappropriate the money.
I don’t see any problem. I am POA for my aunt, I handle all her money. Part of her money is in my name solely, she is not even on the account. I don’t use it for myself, I use it for her. since you gave the example of social security checks it might make you feel better that when she applied for medicaid we disclosed all of the money she had moved to my name, and it was all fine. We actually moved the money months before I ever did any POA documents.
Who is going to complain? The only person with standing to complain is your Grandfather, and he’s the one who wanted you to cash the check. As long as he gets his money, he won’t complain, unless maybe he is suffering from dementia or something and forgets you paid him, and demands his money. If that is a possibility, you may want to take a picture of giving him the money, or something. Otherwise, I don’t see who is going to complain.
If they cashed the check, then the problem is past.
You are the POA therefore you were deemed legally able to care for his money, do not fret that you did something wrong. You are helping him with his financial affairs, this is a good thing. You will make sure he will be spending his money on things he needs. I applaud you for helping him at a time when he needs it.
The POA gives you the authority to do several things on his behalf. One of the things that people overlook in a POA is that it does NOT give you the right to appropriate the giver’s funds for your own usage. As long as you are giving him the money (and I would get a receipt, even though it is your grandfather), I think you are okay. A POA simply gives you the power to do things for his benefit that he is unable to do for himself.
And I mention the receipt simply because in my former life, as a paralegal, I saw way too many brothers/sisters/aunts/uncles/cousins, etc. accusing each other of stealing from an elderly relative. And if you’re writing checks from his account, make sure that you are indeed writing said checks for the benefit of HIM, not you.
For your own peace of mind, it’s best to deposit and withdraw it into his account. It’s the cleanest way to bank on someone else’s behalf. This way, there won’t be any red flags if you ever get audited. Things have changed a lot over the years and the government scrutinizes everything more closely.
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