I. The Core Rule: Who Has the Right to Withdraw
A bank deposit is a contract between the bank and the depositor/account holder. As a general rule, the bank may release funds only to:
- the account holder (or duly authorized signatory), or
- a properly authorized representative of the account holder, or
- a court-appointed representative (e.g., guardian, executor/administrator) when the account holder is deceased or legally incapacitated.
A minor child has no automatic legal right to withdraw money from a parent’s bank account simply because of the parent-child relationship. Even parental authority does not work “in reverse” (children do not gain authority over the parent’s property by reason of being children).
Banks are also expected to exercise high diligence in protecting deposits and complying with banking secrecy, KYC/AML, and internal controls. That is why banks usually refuse withdrawals by anyone not on record as a signatory or authorized representative—even if the person is the depositor’s child.
II. Why Minority Matters: Legal Capacity and Bank Risk
Under Philippine civil law principles on capacity and consent, minors generally have limited capacity to enter into binding contracts. Banking transactions (opening accounts, changing signatories, signing withdrawal slips, acknowledging obligations) can create legal and operational risk if done by a minor, so banks typically require an adult with clear authority.
Important distinction:
- A minor may be able to transact on a minor’s own bank account under bank-specific rules (often with a parent/guardian),
- but that is different from a minor withdrawing from a parent’s account.
III. Practical Reality: How Minors “Withdraw” Without Bank Permission (and Why It’s Different)
Many disputes arise because a child may physically withdraw money through:
- an ATM card with a known PIN, or
- logged-in online banking credentials.
This can happen because machines and apps verify credentials—not family relationships or legal authority.
However, from a bank and legal standpoint:
- possession of the ATM card/PIN is not the same as being an authorized account signatory; and
- sharing PINs/credentials may violate bank terms and can complicate later claims of unauthorized transactions.
So, when the question is about requirements, the relevant answer is what the bank will require for lawful, recognized, in-branch or formal withdrawal/transfer.
IV. Scenarios and Requirements
Scenario A: Parent is Alive, Present, and Competent
Rule: The easiest and most bank-compliant method is for the parent to withdraw or transfer funds personally.
Common bank requirements (typical):
- passbook and/or ATM card (depending on account type)
- valid government ID(s) of the parent
- withdrawal slip with the parent’s signature
- signature verification against the bank’s records
If the parent wants the minor to receive money: Banks generally prefer the parent to withdraw and hand over the cash or transfer to another account/e-wallet rather than letting the minor transact on the parent’s account.
Scenario B: Parent is Alive but Not Present (Out of Town / Overseas / Busy)
In this situation, a bank will usually release funds only to an authorized representative.
1) Authorized Adult Representative (Most Common and Most Accepted)
Typical requirement: a notarized Special Power of Attorney (SPA) (or bank-approved authorization arrangement).
What banks commonly require:
- Original SPA (not photocopy), usually notarized
- IDs of the parent (principal) (often photocopies attached to SPA, sometimes required to be clear and signed)
- Valid IDs of the representative (originals for presentation + photocopies)
- account details: passbook/ATM card as applicable
- bank forms (some banks require their own authorization form in addition to SPA)
If the SPA is executed abroad:
- it is commonly required to be consularized (via the Philippine Embassy/Consulate) or apostilled (depending on the country and the document’s execution), then presented in original form.
2) Can the “Representative” Be the Minor Child?
Legally, agency concepts can be complicated, but bank practice is usually straightforward: banks commonly require an adult representative because the representative must sign, present IDs, and assume responsibilities. Even if a parent issues an SPA naming a minor, many banks will refuse to honor it as a risk-control policy.
Bottom line: As a practical “requirements” matter, the bank will almost always require an adult attorney-in-fact/representative, not a minor.
Scenario C: Parent Wants the Child to Be Able to Withdraw Regularly
If the goal is ongoing access (not one-time), there are only a few structured options:
Option 1: Make the Child a Joint Account Holder/Co-Depositor (Bank-Dependent)
Some banks allow a minor to be included in a joint account arrangement, but often:
- the parent remains the primary signatory while the child is underage, or
- withdrawals require the parent/guardian’s participation, or
- there are special “minor/junior” account products instead of true joint control.
Likely requirements:
- personal appearance at the branch (parent + child)
- child’s proof of identity (often birth certificate/passport/school ID, depending on bank)
- parent’s valid IDs
- specimen signatures
- updated account signature card and bank forms
Option 2: Open a Separate Account in the Child’s Name (Preferred for Allowances/Support)
This is usually cleaner: the parent can transfer funds to the child’s account, and the child’s withdrawal rights are governed by that account’s product rules (often with a parent/guardian until a certain age).
Scenario D: Parent is Alive but Incapacitated (Coma, Severe Illness, Mental Incapacity)
If the parent is no longer legally capable of giving consent, the parent cannot effectively sign withdrawal authority, and an SPA may be challenged or may no longer be workable depending on timing and circumstances. Under civil law principles, agency can be extinguished by the principal’s death or legal incapacity, and banks are typically cautious.
Typical legal solution: Judicial guardianship / conservatorship (a court proceeding).
What a bank typically requires in guardianship situations:
- certified true copy of the court order appointing a guardian (letters of guardianship)
- guardian’s oath and bond proof (as required by the court)
- the guardian’s valid IDs
- sometimes a specific court authority for significant withdrawals, especially if the withdrawal affects the principal/ward’s assets beyond routine needs
Key point: Minor children do not withdraw; an appointed guardian (often an adult family member) transacts under court supervision.
Scenario E: Parent is Deceased
Once the parent dies, the account is generally treated as part of the estate. Banks commonly freeze or restrict withdrawals, and release is governed by estate settlement and tax compliance rules. There is also a tax-law constraint that banks typically observe: banks ordinarily do not release deposits of a decedent without requirements linked to estate tax compliance.
Who may withdraw:
- the judicial administrator/executor (if there is a court settlement), or
- the heirs acting through a proper extrajudicial settlement (if allowed), subject to bank requirements, or
- a surviving co-depositor in certain joint-account structures, often with restrictions and tax/document requirements.
Typical bank requirements (often extensive):
- parent’s death certificate
- proof of relationship/heirship (birth certificates, marriage certificate, etc.)
- extrajudicial settlement documents or court letters of administration/executorship
- tax clearance / certificate or proof of compliance related to estate taxes
- IDs of heirs/administrator/executor
- bank forms and internal legal review
Special issue: Minor heirs
If the children are minors and they are heirs, they typically cannot sign settlement documents on their own. Banks and courts generally require:
- representation by a proper legal/judicial guardian, and
- additional safeguards (often court involvement) to protect the minor’s inheritance.
Bottom line: A minor does not withdraw from the deceased parent’s account; release is done through estate settlement, with minors represented and protected by law.
V. What Documents Banks Commonly Ask For (By Type of Transaction)
1) Parent Withdrawing Personally
- valid government ID(s)
- passbook/ATM card
- withdrawal slip / check (depending on account type)
2) Authorized Representative (Adult) With SPA
- original, notarized SPA (or consularized/apostilled if abroad)
- IDs of principal (parent) + IDs of representative
- passbook/ATM card (as applicable)
- bank authorization forms (if required)
3) Account Structure Change (Adding Child / Joint Arrangements)
- personal appearance of parent (+ child, usually)
- parent IDs; child identity documents
- signature card updates; bank forms; specimen signatures
- sometimes proof of relationship (birth certificate)
4) Incapacity / Guardianship
- court appointment documents (letters of guardianship)
- guardian’s oath/bond (as applicable)
- IDs of guardian
- sometimes specific court permission for withdrawals
5) Deceased Parent / Estate Release
- death certificate
- settlement documents (extrajudicial settlement or court appointment of executor/administrator)
- proof of heirship/relationship
- estate tax compliance documents
- IDs of heirs/administrator/executor
- bank legal review requirements
VI. What a Bank-Focused SPA Should Contain (To Avoid Rejection)
Banks frequently reject SPAs that are vague. A bank-ready SPA typically specifies:
- full name of principal and attorney-in-fact
- authority to transact with a specific bank/branch
- account number(s) and account type(s)
- exact authority: withdraw, encash, close account, receive statements, update details, etc.
- limits or scope (amount ceiling or “any amount,” depending on intent)
- validity period (if any)
- specimen signature of attorney-in-fact (often included or appended)
- notarization details; for abroad, consularization/apostille compliance
Even with a good SPA, banks may still require their own forms or additional verification.
VII. Compliance Layers That Shape “Requirements” (Even When Families Agree)
Even if the parent wants the child to withdraw, banks must follow:
- KYC and customer due diligence (identity verification; understanding authority)
- Anti-Money Laundering controls (large cash withdrawals, unusual activity, suspicious patterns)
- Deposit confidentiality and account security (release only to authorized persons)
- Fraud prevention (signature verification, authorization scrutiny)
Because of these layers, banks routinely prefer:
- the parent transacting directly, or
- a clearly authorized adult representative, or
- structured account arrangements that define withdrawal rights.
VIII. Common Misconceptions
“I’m the child, so I can withdraw for my parent.”
Not as a matter of bank authority. Without being an authorized signatory or properly authorized representative, the bank will treat the child as a third party.
“I have the passbook/ATM card, so I can withdraw.”
Possession is not the same as legal authority for formal banking transactions. It may work at an ATM, but it does not convert the child into a recognized account signatory.
“My parent wrote a letter—no need for SPA.”
Some banks accept simple authorization letters only for limited, low-risk transactions, but for withdrawals (especially sizable amounts), many banks require a notarized SPA.
“If my parent dies, I can withdraw as next of kin.”
After death, deposits are generally handled through estate settlement and tax compliance procedures; minors are represented by guardians.
IX. Key Takeaways
- A minor child generally cannot withdraw from a parent’s bank account through normal bank channels unless the child is a recognized signatory under the account arrangement (which is uncommon for minors and highly bank-dependent).
- For a living parent who cannot appear, banks typically require an adult representative with a properly executed SPA and complete IDs.
- If the parent is incapacitated, withdrawals usually require court-appointed guardianship.
- If the parent is deceased, withdrawals are handled through estate settlement procedures; minors do not transact directly and must be legally represented.