[harkmut]

I am a POA/Agent on a bank account. I am NOT the account holder, and I am just an agent to execute transactions on the bank account. The Bank account actually belongs to my mother (not my wife)
Can IRS or a Creditor who has obtained a judgement on me Levy this account even I am not an account Holder?

[0rphan]

Hello Harkmut,

This account is in your Mothers name, therefore all monies held in this account belong to your Mother.

The creditor has no claim on any other assets, be it money or belongings, unless they are your personal possesions only.

The fact that you are an agent leads me to believe perhaps your Mother is elderly or maybe disabled, in which case, she needs some one to carry out her instruction regarding her affairs, however you would not have access to her bank acccount... regarding cash withdrawels with out her consent or signature.

So the fact remains that it is her money and not your own... therefore no one else has any claim on it, least off all, your creditors.

[harkmut]

THANK YOU Orphan for your answer!
I am an agent/power of attorney to my mother's account- I am to carry out her transactions annd I can sign for checks and withdraw mony from this account. She is elderly and she prefers to deal with less in life.
Being that I can withdraw money, can the creditor still take out money or freeze/levy this account? Once again, it's NOT a joint account and I am Not an account holder, mom is the sole account holder.THANKS!!

[0rphan]

Hi harkmut,

I did the same for my Mum.

You say you can draw money from your Mum's account and also sign her checks... but this I assume, is only on her instruction.. E.g for payment of her bills or outgoings.

You don't use her account to benefit yourself, without her permission!. therefore every transaction that goes through her account, will be shown on her statement at the end of each month, which if needs be can be proven against bills,reciepts etc...

I re-iterate that this is your Mothers account containing her monies, there is no way that your creditors can freeze or levy this money.. especially since I imagine is where her only source of income is.

I am just wondering why your Mum's account was even mentioned... all the creditors are interested in, is what monies or assetts you have in a bid to get their money.

[harkmut]

THANKS once again Orphan! LOLL No I only execute transactions as per moms wishes--
A Wachovia Officer told me that one of her customer- the husband's account was frozen because of wife's judgement to which she was only a POA---i THOUGHT that MAYBE because they are "married" that would mmake a difference?
How would a judge grant levy to my mom's account when I am only a POA--that just doesn't make sense to me, but the bank officer said that it happened before,
To clarify this , that's why I posted here asking for your help.
THANKS once again!