Question:

My mom signed a power of attorney but the bank won’t accept it.  What can I do?

Answer:

Banks loathe powers of attorney “POA” because they fear they will be liable if the agent (the person acting on someone else’s behalf) is doing so without proper authority or fraudulently.  Therefore, it is common for banks to assert objections, often improper, to the POA. Sometimes you can resolve these by you or your attorney talking to a manager.  However, if that does not work, a court will generally compel the third party (e.g. the bank) to honor the power of attorney if it is validly executed, the POA states what you are trying to do is authorized and your powers are currently effective.

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