Legal Question in Wills and Trusts in Florida

Re: Durable power of attorney

In order to determine the efficacy of a Durable Power of Attorney in Florida, the actual document would have to be reviewed. Did the bank's attorneys issue an opinion about the efficacy of the Power of Attorney? If not, ask the bank manager to send it to them for review.

Re: Durable power of attorney

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The bank should have accepted your Power of Attorney but it is their decision whether of not they choose to. I would suggest that you deposit the check in your son's account and then withdraw the monies as needed. Most signatures are not check carefully on deposits and you should be able to deposit this item without any problem.

Alternatively, you may wish to either go to a different branch of the same bank and try to cash the check. or call their legal department to try and resolve this once and for all. Good luck.

Scott R. Jay, Esq.

Re: Durable power of attorney

The bank probably does not know what they are talking about. Now, it is possible that the POA is NOT valid in Florida, I haven't seen the POA, and there are specific requirements to be valid in Florida, but assuming it is, the bank's explanation is hokum.

Florida has a statute, 709.08, which provides for damages, costs and attorney fees if someone 'unreasonably' refuses to honor the power of attorney (Section 11 of the statute). They can require you to certify that he's still alive, and that the POA hasn't been revoked, and that he hasn't been declared incapacitated, but if you do so they are held harmless under the law. The couple of times I've had banks refuse to honor valid POA's I've sent them copy of statute, along with a letter threatening legal action, and they invariably run it past corporate, and then accept POA.

You could go to another branch of bank, you could take copy of statute to current bank and ask them to check with corporate, or you could contact a lawyer and have the lawyer write a letter explaining the law.