Legal Question in Wills and Trusts in Florida
power of attorney
Can someone with legal power of attorney write checks from that person's checking account without permission?
2 Answers from Attorneys
Re: power of attorney
Unless the bank does not approve of the power of attorney, they will honor it without further permission. That is the whole idea of a power of attorney. That does not mean that what the person is doing is right. The attorney-in-fact has a fiduciary duty to use the power of attorney for the benefit of the maker. If the person abuses using the power of attorney, he or she could be sued, but that is not a great remedy. The bank could be officially notified that the power of attorney is not to be accepted, or that it is revoked, but you would certainly want proof that they were given notice of that in some formal fashion.
Re: power of attorney
It depends on what rights are provided by the power of attorney document.
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