Legal Question in Wills and Trusts in California

Re: Power of Attorney

If you have a Statutory Power of Attorney, the bank cannot refuse it, however, you need to make sure if the power of attorney is one that only goes into effect when your mother is incapacitated, that you obtain the doctor's certificates first. Check the power of attorney language.

Re: Power of Attorney

A Durable Power of Attorney means that it is good if your Mother becomes incapacitated. A Non-Durable Power of Attorney means that as soon as your Mother becomes incapacitated it is no longer good. The bank probably wants a Special Power of Attorney that is specific to that bank, and that account. Banks normally have them to give to you. Then you'll need to have your Mother sign it before a Notary, and take it back to the bank. If your Mother's bank doesn't have it. Go to the B of A, and they'll give you one. You'll have to white out the B of A name and type in your bank's name. If your Mother can't sign her name, but can make an 'X' or any other mark. The notary can still notarize your Mother's signature. Whatever it looks like is 'OK.' If the notary knows your Mother no identification is required. If the notary doesn't know your Mother. You'll need photo ID. If your Mother doesn't have one then you'll need to take her to DMV, and get her a (non-driving) photo ID. You'll also need a Power of Attorney for Health Care for your Mom. They are available on the Internet or at stationary stores. One done by a particular hospital is only good at that hospital. I can E-mail these forms to you if you can't find them. All powers of attorney are no longer good upon the death of your Mother. So do a Trust or Will ASAP if your Mother's estate is over $100,000.00 and has any real property it worth over $20,000.00. Banks are not always uniform in their policies on these matters. Don't hesitate to ask to speak to the branch manager.

Re: Power of Attorney

The bank's answer to you makes no sense, but this is common when banks are dealing with powers of attorney. The "durable" power of attorney is good whether or not your mother is incapacitated, while a non-durable is good only if your mother is NOT incapacitated. Thus, the durable is the more versatile one. Even so, it sounds like your mother is not incapacitated, so even a non-durable power of attorney would work.

What you need to do is talk with the branch manager and tell him/her that California law requires that they honor the power of attorney. If they refuse (and they probably will), ask them to submit it to the bank's legal department, and make sure they do--the legal department will then inform the local branch that it must accept the document.