Legal Question in Banking Law in Georgia

Re: Bank will not honor POA

Perhaps the bank is unwilling to let you take cash out unless that authority is expressly granted in the POA. You do not say the POA gives you express authorization to take cash out of his account. You do say the POA empowers you to engage in "banking transactions". The bank has to be careful because if it erroneously pays out cash to you, in broadly interpreting the POA, it could be liable to your husband.

Conceivably, you could try to get a court order to force the bank to actually pay you the cash, but this is really not a practical way of solving your problem (I would assume).

Since your husband is in the United States (although traveling), and there are fax machines, Fed Ex boxes, and telephones practically everywhere, however, it would seem easier to simply ask your husband to call the bank himself to find out how you could get access to the funds in his account.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]