Your brother in law can execute POA in favour of his wife to operate bank locker , bank accounts etc
it should be duly stamped and notarised
however for sale of property it should be duly stamped and registered
Power of Attorney
Hi Team, Hope you are doing good. My Brother in Law is in hospital on BiPap ( Switching from Ventilator occassionaly ) in Hyderabad due to Covid. His property papers and Gold Ornaments is in SBI Bank locker in Vijaywada, to which only himself is having access to it. My Sister is a nominee but not a Joint Account Holder. Is it possible to have a Power of Attorney be signed in the hospital ( may in the presence of Psychartist and later my sister can go to the bank with that document and open the locker to pay the fee for the Treatment )
Asked 3 years ago in Property Law
Religion: Hindu
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13 Answers
Before preparing the POA, let your sister co-ordinate with the Chief Officer of that particular branch of SBI and explain your brother-in-law's health condition and based on the feedback from SBI only, further steps of preparing POA be undertaken.
Thank you and welcome sir.
She can obtain his signature on the power of attorney deed in the hospital itself besides, she can even arrange the sub-registrar to visit the hospital on payment and compliance of other legal formalities to get the power of attorney deed registered at the hospital itself owing to his health issues.
The doctor of the hospital can give a certificate that he is in sound health and would be able to understand what he is signing
Once the power of attorney deed is registered, then not only she can operate his bank locker but also his other bank accounts and also she can transact with his immovable properties also on his behalf.
1. Your brother in law is death bed. Have some humanity to save him than thinking of his assets.
2. it is apparent that in today world there is no place of humanity which is replaced by greed and materialism.
Yes, it's possible. The Power of Attorney is prepared in a properly valued non-judicial stamp paper, which has to be attested by the notary public. You can present this power of attorney at the bank branch where the property papers and gold ornaments are kept.
A power of attorney has to be registered. Instead of that he can make a will in her name. That would be more effective.
There is no need of presence of any psychiatrist. It special power of attorney and GPA. Draft a SPA giving power to wife to operate locker as he is bed ridden. Enclose a medical certificate to the effect that he is not I condition to travel. Notarize the GPA. That will serve you purpose.
Yes it can be signed and notarized and the pyschiritast can also be witness to it
POA can be made
presence of psychiatrist is not needed
your BIL is not always on ventilator
whenever he is off it, at that time the POA can be made
the POA has to be notorised though
physical disability does not equate to mental incapacity
and please there is no team on kanoon
all are independent lawyers answering to queries without reference to one another
Sir/ Ma'am ,
As your brother is in Ventilator occasionally which means he is not in a condition to execute any document. However when he is in a bit stable condition that is when he is not kept on the ventilator the signature can be taken from him on the POA in presence of a doctor. Then sub registrar must be contacted who will comply with the legal formalities. The POA must be duty stamped and notarized .
After receiving the POA your sister can operate the bank account and also transactions can be made by her .
Thank you
Dear Sir
Yes, the sub registrar of local area may depute any official to get power of attorney executed in the hospital.
1. Bank lockers are allowed to be opened by its holders by the Bank officials.
2.His wife can file a Writ Petition before the High Court prating for a direction upon the Bank to allow opening the locker by his wife to take out her ornaments for selling to bear the expenses of his treatment, based on the POA to be notarised by the Notary Public by the side of his bed.
3. It will be difficult to get the relief by his wife shall have to try.
- Since , your sister is a nominee in the account, then the bank will pay the amount to the nominee, just after submitting certain proofs of her identity.
- A nominee is not essentially the legal heir of the deceased . A nominee and legal heir can be different individuals.
- Further, if there is no nominee, legal heirs become eligible to get the amount from the deceased account.
- Since, he is alive , then POA can be signed by him in the presence of Doctor and other witnesses, and which can be accepted by the bank.
