How Do I Use my Father’s Durable Power of Attorney to Access his On-Line Accounts?

 In Durable Powers of Attorney

Question:

I have a durable power of attorney for my father who now has dementia. Does that mean I can go on-line as him to, for instance, manage his account with Social Security, read medical notes or manage his finances, or do I need to contact each institution with their forms and a copy of the durable power of attorney. (It is meaningless to have a person with dementia sign permission when you already have durable power of attorney, but that is what a lot of the institutions ask for.)

Photo by Nikita Kachanovsky on Unsplash

Response:

This is a very interesting question. Your durable power of attorney should give you the right to act in your father’s place on most legal and financial matters. Social Security and medical records are a bit of an anomaly. Powers of attorney are authorized under state law and thus do not apply to Social Security which is a federal program. Instead, the Social Security Administration requires people acting for others to apply to become representative payees. Medical records are covered by the Health Information Portability and Accountability Act, better known as “HIPAA.” This also places the release of medical information under federal law, but some durable powers of attorney and most health care proxies or health care durable powers of attorney include a release that satisfies the HIPAA requirements. So, your father’s durable power of attorney may or may not authorize your access to his medical information.

Things get even more murky when dealing with on-line access, whether for financial accounts or for social media. Your father’s relationship with these institutions is governed by contract, often those agreements we all sign on line without reading. These may restrict your ability to act for your father under a durable power of attorney. Whether or not it is legal for them to do limit your access may depend on how the on-line agreements are written and on state law. Your father may, in fact, be happy that you are denied access to his on-line dating accounts. With respect to traditional financial accounts, you may have to jump through the hoops of getting off-line access under your durable power of attorney first. After you have established your status under the durable power of attorney, the financial institution will also grant you on line access.

All of this said, as a practical matter, it may be much easier to simply pretend on line that you are your father. It may not be strictly legal, but it may well be the course of least resistance. As long as you act in your father’s best interest, no one is likely to complain. If you have siblings, make sure they’re on board and there’s complete transparency. Otherwise, people are known to get suspicious even when there’s nothing to hide.

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