Q&A: Powers of attorney, joint accounts and practical resources for families

In a question-and-answer session following her slides, attorney Clea Harris addressed common family scenarios and practical safeguards. When asked why people should avoid putting a child on a bank account, Harris said that joint ownership can make the child a co-owner who is difficult to remove and who also exposes the elder's funds to the child's liabilities. "Once they're on there, now this is when they're joint on the account... you can't get them off," she said, advising that a power of attorney or funding assets into a trust is a safer long-term approach.

On abuse of powers of attorney, Harris described cases where an elder signs a new document while capacity is diminished and the agent uses it to move assets. She emphasized protections: funding a trust so a POA cannot control trust assets, using deliberate attorney-led processes rather than cheap online downloads, and educating named advocates so they can spot concerning behavior. "If your assets are in a trust, it's a much more formal way of having power over those assets," Harris said.

An attendee noted family members living in different states and asked how to coordinate. Harris recommended regular, short Zoom family meetings and formal family meetings to ensure everyone hears the same information and reduce post-mortem disputes. She also said her workbook includes a link to recorded materials: angel-advocates.learnworlds.com.

On wills versus trusts, Harris said a will might be enough in some situations but cautioned that ownership of real property often leads to probate and that trusts can offer smoother transitions around incapacity and probate avoidance.

The session concluded with the host thanking Harris and closing the conference.