Posted by Ronald J. Fichera Jun 16, 2023
Joint accounts may seem like an effective way to prepare if parents need help with finances as they get older, but unexpected problems could crop up.
A request I get frequently from parents is “I'd like to add my child to my bank account, in case something happens to me.”
The goal for most parents when they ask about this is to give their children access to their money during an emergency. It seems like it should be an easy process, too, and with proper planning, it can be. But parents should be aware that simply making a child the joint owner of a bank account (or investment account or safe deposit box can have unintended consequences — and it's often not the best solution during a family crisis.
The majority of banks set up joint accounts as “Joint With Rights of Survivorship” (JWROS) by default. This type of account ownership generally states that upon the death of either of the owners, the assets will automatically transfer to the surviving owner. This can create a few unexpected issues.
If the purpose of adding a joint owner to your account(s) is to give them access to your assets upon your death, there's a better way to do it. Most financial institutions will allow you to structure an account “Transfer on Death,” or TOD. This is simply adding one or more beneficiaries to your account. There are a few benefits that this type of account has over a JWROS account.
As discussed, if a parent is to set up an account as a Transfer on Death (TOD), the beneficiaries have no access to the account while the owner(s) are still living. So, how does one plan for the event of being incapacitated?
A financial power of attorney is a powerful document that, in effect, allows one or more individuals to perform financial transactions on your behalf. Often, this document is drafted by a qualified attorney, which is the approach I would recommend to my clients. Many financial institutions have internal financial power of attorney forms, which will allow you to give someone financial power of attorney over your accounts at that specific institution without having to hire an attorney. Regardless of how you set it up, there are many reasons why giving someone financial power of attorney is a better approach than adding them as a joint owner to your accounts.
It's worth noting that most financial institutions require a review process of a financial power of attorney appointment. Generally, the institution's legal department would want to review the document before allowing the designated person(s) to conduct transactions. This process can take several weeks, so if the family is facing an emergency, they may not have immediate access to the money. I would recommend making sure that all financial institutions where you have accounts have a copy of your executed financial power of attorney now so it's in place before it's needed.
For financial security “in case something happens,” parents generally shouldn't be adding additional owners to their accounts. Rather, titling accounts as Transfer on Death and setting up a financial power of attorney is often a better approach. Doing both can prevent unexpected taxes and provide the child with broader access to the parent's finances when it matters most.
Ideally, it will be a long time before “something happens,” but we should all be proactive about planning for these unforeseen events. As you may have realized, the rules around these decisions are complex, so don't go it alone.
Talk to your estate planning attorney or financial planner about what you're trying to accomplish and allow them to guide you. Planning will make things much simpler for your loved ones should anything happen.
This article was provided by Casey Robinson, CFP, for Kiplinger Magazineand brought to you by the Ronald J. Fichera Law Firm , where our mission is to provide trusted, professional legal services and strategic advice to assist our clients in their personal and business matters. Our firm is committed to delivering efficient and cost-effective legal services focusing on communication, responsiveness, and attention to detail. For more information about our services, contact us today!
This is not tax advice and should not be construed as such. Please seek professional tax services for more information and advice that will apply to your specific tax situation.
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