You cannot open a bank account in someone else's name without their presence and consent
Banks require the account holder to appear in person, provide government-issued ID, and sign documents themselves. This is a federal requirement under the Bank Secrecy Act, designed to prevent fraud and money laundering. Even a parent, spouse, or power of attorney cannot walk into a bank and open an account that belongs to another adult without that person there.
What you can do depends on the person's age and circumstances. For a minor, a parent or guardian can open a custodial account. For an adult who cannot visit the bank, some institutions offer remote options or allow a representative to help, but the account holder must still verify their identity and consent. For someone incapacitated, you would need legal authority—a power of attorney or guardianship—and the bank will still require proof of that authority before proceeding.
Key Takeaways
- Banks will not open an account in an adult's name without that person present, providing ID, and signing the account agreement themselves.
- For minors, a parent or legal guardian can open a custodial account, but the child's Social Security number and the guardian's ID are both required.
- If an adult cannot visit in person, some banks offer video verification or allow a representative to information, but the account holder must still authenticate themselves.
- A power of attorney or court-ordered guardianship gives you legal authority to act on someone's behalf, but you must show the bank proof of that authority.
- Opening an account without the person's knowledge or consent is fraud, regardless of your relationship to them.
Opening an account for a minor: custodial accounts
If the person is under 18, a parent or legal guardian can open a custodial savings or checking account. The bank will ask for the child's Social Security number, the guardian's government-issued ID, and proof of the guardianship relationship (usually a birth certificate or custody order). The account belongs to the child, but the guardian controls it until the child reaches the age of majority—typically 18 or 21, depending on the state and the bank.
Custodial accounts are straightforward because the law recognizes the guardian's authority. You do not need the child present at the bank, though some institutions ask to see the child or require a signature from them anyway. The account will be in the child's name, and the child's Social Security number will be on file. When the child turns 18, the account transitions to their control, though the guardian may retain access depending on how the account was structured.
Opening an account for an adult with power of attorney
If you hold a valid power of attorney for an adult, you have legal authority to act on their financial behalf—including opening a bank account. However, the bank will require you to show them the original power of attorney document or a certified copy. Many banks have their own power of attorney forms they prefer, and some will not accept a document drafted outside their system.
The account will still be in the person's name, not yours. You will be listed as an authorized representative or agent, which means you can conduct transactions on their behalf, but the account belongs to them. The person whose name is on the account may still need to provide their Social Security number and consent to the account opening, even if they are not physically present. Call the bank ahead of time to ask what documents they need and whether they will accept your power of attorney, because requirements vary widely.
Remote account opening when the person cannot visit in person
Many banks now offer video verification or online account opening, which allows someone to open an account without stepping into a branch. If the person you are helping cannot visit the bank, they may be able to open the account themselves through the bank's website or app, or through a video call with a bank representative. This requires them to have a government-issued ID and access to a camera and internet connection.
If the person is physically unable to provide ID or sign documents—for example, they are hospitalized or homebound—some banks will send a representative to them, though this is rare and usually only available at larger institutions. You would still need to contact the bank directly to arrange this. In most cases, the person must still authenticate themselves, even if someone else is present to help.
What happens if you open an account without the person's consent
Opening a bank account in someone else's name without their knowledge or permission is identity theft and fraud. It is a federal crime under the Identity Theft and Assumption of Deterrence Act, and it is also a state crime in most jurisdictions. The person whose name was used can report it to the bank, which will freeze or close the account. They can also file a police report and report the fraud to the Federal Trade Commission.
If you are caught, you face criminal charges, civil liability, and restitution. Even if your intention was to help—for example, you opened an account to deposit money for someone's benefit—the lack of consent makes it fraud. The person can sue you for damages, and the bank may pursue charges as well. Do not do this, even with good intentions.
Joint accounts and authorized users: alternatives to opening in someone else's name
If you want to give someone access to money or help manage finances, a joint account is often a better option than trying to open an account in their name alone. Both parties must be present and provide ID to open a joint account. Both account holders have equal rights to the money and can withdraw or close the account without the other's permission, so this works best when there is trust and the relationship is stable.
You can also add someone as an authorized user on your own account, which gives them a debit card and the ability to make withdrawals, but the account remains in your name. This is simpler than a joint account because the other person does not need to be present, though some banks do require their consent. Authorized users do not have the right to close the account or change its terms.
Guardianship and conservatorship: legal authority for incapacitated adults
If an adult is incapacitated—unable to make financial decisions due to illness, injury, or cognitive decline—you can petition the court for guardianship or conservatorship. This gives you legal authority to manage their finances and open accounts on their behalf. The process varies by state, but it generally requires filing a petition with the probate or family court, providing medical evidence of incapacity, and sometimes holding a hearing.
Once the court appoints you as guardian or conservator, you will receive court documents proving your authority. Bring these to the bank along with your ID and the incapacitated person's ID. The bank will open the account in their name, with you listed as the guardian or conservator. You will be required to manage the account in their best interest and may need to file annual reports with the court showing how the money was spent. This is a formal process, but it is the legal way to manage finances for someone who cannot do so themselves.
Frequently Asked Questions
Can I open a bank account for my elderly parent if they have dementia?
Not without legal authority. If your parent is incapacitated, you would need to petition the court for guardianship or conservatorship. If your parent is still competent but struggling with banking tasks, ask them to sign a power of attorney document naming you as their agent. Either way, bring the court order or power of attorney to the bank before opening the account.
What if I want to open a savings account for my grandchild?
If the grandchild is a minor, you can open a custodial account if you are the legal guardian. If you are not the guardian, the child's parent or legal guardian must open the account. If you want to save money for the grandchild but do not want to open an account in their name, you can open an account in your own name and name the grandchild as a beneficiary in your will.
Can a bank representative help me open an account for someone else?
A bank representative can help you understand the process and gather the right documents, but they cannot open an account in someone else's name without that person's presence and consent, unless you have legal authority like power of attorney or guardianship. Call ahead and explain your situation so the bank can tell you what documents you will need.
If I have power of attorney, do I need the person's signature on the account?
It depends on the bank. Some banks will open the account based on your power of attorney alone, while others require the person's signature or consent even with a valid power of attorney. Call the bank and ask what they require before you visit. Bring the original power of attorney or a certified copy.
What is the difference between a joint account and an account opened for someone else?
A joint account is opened with both people present and both signing the agreement. Both owners have equal rights to the money. An account opened for someone else without their consent is fraud. A joint account is legal; the other is not.