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That's all well and good, but if indeed a bank refuses, what can you do? I have been at meetings with other attorneys who say "I advise my clients never to use Bank X because they always cause trouble with POAs," etc. But the average person has no idea of a bank's reputation in this regard and is thus at their mercy when the time comes to try to use a correctly prepared and signed POA.
Short of filing an expensive legal proceeding against the bank to force them to recognize the POA (precisely what you were trying to avoid in the first place by using a POA), you can have the attorney who prepared the document call the legal department and try to persuade them to accept it. Or say that YOU will sign a hold harmless provision that protects the bank if they act in reliance on the POA.
Good luck!
Another POA issue that came up with me is that at the time my folks had their original POAs created I was not married. They had a CD that matured after I was married and changed my name. Bank of America would not accept the POA and my marriage license and driver's license as proof that I was permitted to act on my mother's behalf. So I had to bring my mother to the bank (they would not come to her) so she could sign the necessary paperwork to release the funds. She had just been released from rehab following a broken femur and was wheelchair bound, a very time consuming and uncomfortable trip. I told them I would no longer do any business with them.
Medicare did not give me any trouble about switching having their documents sent to an electronic account that I set up. No POA was required to do that. I wish the various government agencies would all have the same process.
Good luck working this out. And it may be time to change banks if you can.
Now the new account had my moms and my name with payee beside it. I had to keep all receipts and could only spend the money for my mothers needs, and part of grocery bill, utilities, since she lived with me and could share the expense. When doing the payee you are responsible for her money and will be audited once a year.
I have to say that I had a horrible time closing out my parents' bank account after they died (it was empty). POAs are no good after death. Finally, a copy of the will did the trick. You'd think a death certificate would do it, but no. I needed more documentation. Finally, a copy of the will did the trick.
Good luck to all who have to fight with this issue,
Carol
At the same time, how frustrating is it to have my mom sign a POA back when she was in full mental health, only to have it ignored by the bank??????
I say, get the form, have her sign it whether she knows what it is or not and, as you say, ohJude, assuming there has been no dated diagnosis of incapacity, and get on with the business of taking care of her affairs.
I believe that behind closed doors, a lot of signing goes on for the sake of practicality. My mom signed the papers to get herself into Al when she didn't want to go--but she was so confused she just signed. The person who brought her the papers knew that my mom didn't know what she was signing and felt bad about it but there was no other way!!! My mom, like so many others, was a complete mental and emotional wreck. (She is much better now with the correct meds but it took us a while to get there.) I can only say, thank God that there are people out there who are willing to bend the rules a tad to help.
My neighbor signed the mortgage to sell her parents house without a POA--this is to say that she forged their signatures. Was that wrong? Of course. But it was absolutely necessary. The parents, both with dementia and very frail, needed the money to go into AL. There was no other way.
Is this an isolated case? I doubt it very much. What do you think?