My POA is being ignored. What can I do about that?
I have Durable Power Of Attorney for my mom (she has Alzheimer's), but I cannot get any of the banks' billing accounts customer service people to speak to me. My father had several savings accounts with a fair amount of money in them and they will not acknowledge my POA and speak to me. Does POA do any good or should I get an attorney involved?
Unfortunately, there are many institutions that for various reasons will refuse to honor legitimate Durable Powers of Attorney that have been written in compliance with state law. You are not likely to have much success arguing with them on your own. I suggest that you have the attorney who prepared the Durable Power of Attorney contact the bank's legal department. This should be sufficient to straighten this matter out.
Hi Tom & Wendy, Do you have the POA for Property or Finances? I think that's the one you'd need. You probably need an attorney. I had POA for both my mom and dad (both Health Care & Property) but unless my name was on the account as a co-owner or I got my mom on the phone and she'd tell them it was OK to talk to me, they usually wouldn't talk to me either. It is frustrating.
Since your mom probably can't give her OK, you probably need to have her declared incompetent in order to have the POA take effect. It probably also depends on how the POA was written, i.e. when it takes effect. There are probably also state laws involved. Here's a good basic article about POAs for Finance:
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