Hi people,
I got the power of attorney for my brother.I got nothing but trouble dealing with
the banks..They dont honor the POA Document..So I would recommend to you
that you should stay away from getting durable or general power of attorney
document prepared by an attorney spending about 200 dollars in vain.
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I'm an attorney in Florida. Florida law provides that a bank has to provide a written reason within 4 days for rejecting a power. If the POA is ultimately determined to be valid by a court for the reason it was presented, the bank may end up paying attorney's fees for the agent have to take the bank to court. A review of the power of attorney by a knowledgeable lawyer should tell you whether it is legally sufficient or not. If it is legally sufficient, then the bank will almost likely lose. If it is not legally sufficient, then it's time to re-do it as soon possible before the principle becomes incapacitated or make other arrangements if the principal is already incapacitated.
Nicolas, Esq. - Florida
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I have a durable POA and went to the court house and had it registered on my wife. She has a dope head son, my step son that is in prison. He tried to rob her and me every chance he got. So it was just protection to keep him from trying to get one. She doesn't get but $900. a month which I want her to have,
not a 40 year old thief and dope head.
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Which has more authority guardian or dual power of attorney
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The stinking bank let my wife give my stepson her debit card and pin. He took every penny out and over drew every penny he could and the bank never notified me of any thing wrong. When they turned out the lights ,phone I ask what was going on. She told me and that is how I discovered my wife had dementia. I told her to get the card back and after several times he brought the strip with the numbers back.
I went to the bank and tried to close the account, but it was over drawn.
As soon as my checks came in I knew it would be flush again I got my name off of the account. The bank makes lots of money that way and will not help you in any way.
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Be careful!! I had a bank ask me for my social security number and date to make me owner of account. NO!!! Then I would be stuck with the credit card debt!
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My father-in-law had a stroke so we had had to put in nursing home. He put his daughter as the poa. His money is in bank in cds worth 60,000 . How can the the 5 kids keep their the cds
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Both of my parents have severe and moderate dementia. They had an attorney make up POA papers as well as Health papers. That was given to my sister, my brother, and myself in 2013! Now, neither parent can handle their daily lives, and I moved from Florida to NJ to take care of them. Neither my brother or sister will help me now in making decisions and handling money. I, too, went to their bank to get POA paperwork for their financial needs. The bank Rep was very helpful and nice, but after all the PW was notarized and ready to be used they were putting my name onto their account. I am assuming that is correct. But they got a letter stating my CREDIT RATING was too low. I had to contact Experian and other two agencies. Apparently I am a victim of Identity Theft, so now I have to go through h*ll to fix this. But I am not allowed to use my POA until this is resolved. It's already a month. WHAT SHOULD I DO? Any comments or help would be greatly appreciated. Thank you. Barbara
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My 92 year old neighbor of 60 years who we have been taking care of as if our grandmother gave net durable poa and medical poa a while back. We were ready to go to the bank a couple months ago when she started to become more forgetful, and all that to insure her bills would be paid, hire home care as well as a lawyer to create her irrevocable trust. After accepting the poa documents said they had to have a letter from a doc that examines her to get home care to confirm she's homebound. That took a month to arrange and get the money to pay for. The bank said I had to get a 2nd notarized. Once I gave the bank that I asked what was next, they said they were waiting for the doc to write the letter to call them back (why?). When they got that cash, then they told me that they had to ask legally. They told me that they wave a doc letter to confirm that back when she signed the poa. She knew what she was signing and competent now they won't accept the poa. And I tried to get back in time and find a doctor to see her and write that. Rush the notery and 3 witnesses any acceptable way. She is sloping fast, also if a person has no family to accept any one being left anything she requested the state takes it. What do I do now?
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I have thought about being put on my friend's banking accounts, but I worry about being accused of fraud. I can write checks on his behalf and move money from savings to checking, make deposits, etc., but fear if I am actually "on" the account, I will have to file income tax information on the interest earned on it, etc. I know my POA authority will end when he dies and have wondered about how to pay for his funeral, etc. before the estate probate process begins. I can always pay for these things myself and then reimburse myself from the estate when it is legal for me to do so, since I am also the executor of his estate. At this point, there is enough money to not worry about that, but if he lives long enough for me to have spent it all on his care, then it could be a different situation. He is physically healthy and living in a memory care apartment where his health is monitored and jokes about living to 100. He will be 90 this summer. By 100, his assets will be long depleted. I have purchased a burial plot next to his wife's and will have a single stone for the two of them. I have thought about creating a new, small savings account in his and my names and putting $10,000 in it to be used towards funeral expenses, but have not acted on it. I plan to talk with a bank representative first about the wisdom of that. Has anyone else gone that route?
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I've been told by a PNC Bank officer that their policy is to not honor any POA more than a year old! That's pretty ridiculous. The only way around this is to use a newly signed POA to set up an account with you designated as POA, as that POA will persist on the account, or to use the POA to set up a joint account. The latter is much better in the event you elderly relative passes on, as you retain access with which to pay the decedent's bills. All POAs expire upon death of the grantor.
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I don't understand why the bank does not put your name underneath your parents' name with the title as "trustee". That does not designate ownership. I'm POA & the bank issued checks from their accounts in their name at the top, my name (w/Trustee after it) & my address. And don't you find it odd that ANY bank does not have a notary on hand? It was my understanding that every bank is required to have a notary. Is there any way your parents are willing to switch banks? It doesn't sounds as if this bank is competent to deal with this type of situation!
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we are going through the same mess with the bank,, is it CHASE?..they do this a lot.What a freaking scam we want to pay all her bill including the heat for her house while she is in the Rehab and the oil must be on now during the fall cold months ,,Plus we need to PAY her Empire Blue Cross bill which is 2 months .we has a POA in Effect with Durable ans the bank refuse they FROZE her account..So we went and got another from her Attorney gave it to them still they say we can not talk to you as her POA (son)
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You have to go to court for guardianship papers, don't you? That's a hassle. Most places should take a DPOA without making you and the family go to court. That takes time and money most of us don't have and running around and having to transport parents with mental and/or physical problems can be very difficult.
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DFAS - a government entity that my mother gets a monthly amount from refuses to even accept a POA. They want full guardianship papers. They will only speak with my mother (who has beginning Alzheimer's) and get nasty if they hear me giving her the answers to their questions - which she cannot remember. How can they not accept a durable POA?
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Emmie, My gosh, that must have been horrible and hard. I would take all of my money out of that bank immediately or have my Patient do it or the Financial POA or something. All my money LOL like that would matter to them.... Well, I guess now that we know, we should get the form from the bank and add it to our bundle of paperwork. When I took over, I had every file of all of his accounts, savings and Annuities on the kitchen table. I went through everything. After all that had the bank turned me down, I might have gotten arrested for how I would have behaved.
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Yes Oregongirl, it was a major bank. They said they had their own POA over any of the accts. with the bank and even though I had a legal durable POA, they didn't want to accept that unless all other options had been tried. Insisted I get their POA signed.
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The bank tried to act like the POA did not matter. I stood steadfast. They were more interested with selling me life insurance. I kept them believing I was going to purchase it. My name has been added to all accounts. Boy! Was I relieved. As a daughter the government should be Woking with us, not against us!
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I am curious....Just for my own good....What more did the bank want? The reason for the POA is to assist the patient in getting funds when they can no longer sign or ask for them on their own. The company that is giving me trouble is the guy who my partner had manage one of his accounts. The guy is OLD and should be out of the business now. He tried twice to email me something and could not get it. I am a bit concerned that maybe he is not wishing for us to see the most recent report. I will go on line today and see whats up with that. I will call him AGAIN (third time) on Monday. This time I will ask for his supervisor.
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I would love to know if this was a big named bank??? They should have never done that to you. A Durable POA is sufficient as long as it names you. Your attorney should have called them and backed that call up with a letter.
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I posted earlier about the trouble the bank was giving me with the POA. 1st they acted like they didn't want to accept the durable POA I had and said they had a POA for their acct. holder that must be filled out. Told them I wasn't sure if my mom would still be able to sign due to her dementia but he insisted that I try to catch her on a good day and have them sign this. I did and then they said I should put my name on acct. and I did. I then spoke to lawyer who said I shouldn't have put my name on acct. because it would mess up inheritance so I went back and he said my parents had to sign more forms. It just went on and on and made me so angry when the original POA I had was legal and should have been ok. Here I am disabled and caring for 2 sick elderly parents and going back and forth taking care of them and getting all these forms signed. It was a huge hassle I shouldn't have had to deal with but thank God it's all fixed now.
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So far no problems with my Durable POA. I am dealing with a lot of different accounts and annunities. Everyone has been good about getting everything I have needed, answering all of my questions and doing what I have asked them to do, EXCEPT for one company that is dragging their feet. If they do not produce in the next couple of days, I will publish their name on here. I was shocked at the way they acted.
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This was most helpful and timely as I just ran into this issue at my parents bank yesterday and I do have a Durable POA for finances.
Vangie
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I have a durable Power of Attorney for my Partners business and financial dealings. My Partner has a son, whom my partner has refused to add to the Trust. At one time, I nearly had to call the police due to the son become violent with my partner. What do I need to make sure I don't have issues with this son when my Partner passes? I am also the Trustee for his trust. The other children are mentioned and will be fine. But, I anticipate issues with the son. Should I be worried?
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So is it true that the banks will not give you trouble if you have a Durable Power of Attorney.?
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Thanks for the comment Mallory. Sorry I sounded like a whiner because I guess I was. My thing is that they really treated me like a second class citizen and that really toasted me.
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Actually I feel very safe when I dealt with (not Wells Fargo but another very picky bank) because I knew from all the hoops I had to jump thru, that it would be virtually impossible for the Wrong Person to pretend to be my parent 's DPOA. It is a GOOD thing if they give you a royal hassle--be HAPPY that they do that. I would be extremely concerned if a bank did NOT put you through quite a few hoops.
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If you have to do any business with a bank that rhymes with smells embargo, be prepared. Show up with the original document and a copy, ask to talk to the manager and DO NOT let the original leave your possession. They are not at all cooperative with POA holders. I finally got things handled, but it took many trips and exhausted any patience I had. No wonder we are all tired and frustrated. Hang in there y'all.
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The original POAs for me to be representing two friends of mine were notarized at the bank itself and I was put on their accounts the next day and my signature will be accepted. They are just getting processed to go into Assisted Living-Memory Care, so I will actually start signing checks for the first time to pay their bills. So far, I have been monitoring their spending on-line to make sure foolish decisions or some scam is not happening regarding their spending. The bank people were relieved to have me helping them because my friends could not keep straight how much money they had and kept phoning the bank to find out. They no longer knew how to reconcile their bank ledger. They have been able to continue living in their condo for an additional year and a half before their dementia has gotten so severe and with wandering and incontinence issues, now need 24 hour care in a locked facility and in that time I have been able to be recognized by their investment company as a valid POA. Their credit cards have been a different story, requiring the original POA forms and not a copy. I will simply close those accounts by cutting up the cards and returning them to the credit card company to prove the accounts are no longer valid, rather than waste more time with dealing with them.
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Oldest of 3, I'm so happy for you that it worked out well.. my mom has me as her DPOA at one of.the larger nationwide banks, I had to bring her in and we both had to fill out masses of papers. Then when I did her taxes I wanted to download some 1099-int forms (instead of typing them in, like 5 pgs of nnumbers in columns...) I had to go back to same bank, with mom, and get a whole separate deal set up for the online access. But IMHO this is all very good--they should be making us jump . thru hoops, to prevent those who should not have access. There was one place that told.me all I needed for online access, was her account number plus her Soc Sec number---nothing else!
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