Bank power of attorney: a co-heir withdrew money or shows nothing
Checked on 11.11.2026
Translated from German. Where anything differs, the German text counts: Deutsche Fassung
Often one child had power of attorney over the parents' account, for good reasons. After the death the others ask what was withdrawn and get no answer.
What generally applies
- The power of attorney can continue beyond death. Many bank powers of attorney do not end with the death. They then act for the heirs, and each heir can revoke them for themselves.
- Whoever acts for another must account for it. Whoever exercised a power of attorney under a mandate generally owes information on what they did with it (§ 666 BGB). This claim passes to the heirs; a single heir can demand that performance is made to all (§ 2039 BGB).
- The bank. With proof of the right to inherit, such as the certificate of inheritance, heirs can demand information on the accounts from the bank. Some banks insist that all heirs act together.
Whether a withdrawal was allowed, whether it was a gift, a reimbursement or something else, and whether anything must be repaid, depends on the individual case. That is for a lawyer to assess, not this page.
What helps
- Ask factually, in writing. Ask for the statements for a particular period, with the date. Asking for receipts is not yet an accusation.
- Gather the papers. Statements, care costs, invoices paid with the money. Much that looks like a withdrawal was an invoice.
- Record what is known. Which accounts there were, who had the power of attorney, since when, what was asked and what answered.