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An attorney-in-fact under a Power of Attorney has complete access to the principal's assets including bank accounts.
The bank is serving as executor. They will have a letter of authorization from the bank.
A power of attorney represents a living person, so any power of attorney is no longer valid. They would have to be on the bank account or the executor to legally take the money out.
Yes but the bank will request a copy of the POA.
It will typically have to be filed with each third party they are working with. Without a copy of the power of attorney, a bank will not recognize the rights.
If the power of attorney represents the deceased, no, they cannot. A power of attorney expires on the death of the grantor.
Yes. Both the owner/proprietor of a bank account and the person to whom they have given power of attorney can operate a bank account. Actually a person with power of attorney is as good as the person (in legal terms) itself and so they both can operate the bank account without any issue.
The Power of Attorney does not have the ability to stop the individual that granted the POA to them. They have the rights granted in the power of attorney.
A bank should not refuse to accept a Power of Attorney that is current and valid under state laws. If it does, the attorney-in-fact should contact the legal department of the bank for an explanation. If that doesn't result in a resolution the AIF should contact the state banking commissioner.
How to get in touch with compass bank if you owe them money
When a principal executes a Power of Attorney it is for the purpose of allowing someone else, the attorney-in-fact, to sign for them BECAUSE they cannot sign in person. The bank should accept a properly executed POA.
A durable power of attorney may not be what you need. You need to consult with an attorney who specializes in business law in your area.