Legal Question in Elder Law in Texas

I am the agent (attorney in fact) named on a statutory durable power of attorney for my mother. The DPOA grants me (the agent) a list of powers, including the power to conduct banking and other financial institution transactions on my mother's behalf. Several years ago several CDs were titled with my mother and me as co-owners. I recently went to the bank (with the DPOA in hand) to have the CDs re-titled with my mother as the sole owner but was told by the bank employee that my mother would have to be present to make those changes and the DPOA wasn't sufficient. It's my understanding that the DPOA gives me, the named agent (attorney in fact), authority to perform or undertake any action my mother could perform or undertake if she were personally present. Was the bank employee misinformed?


Asked on 8/07/09, 10:20 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Banks frequently refuse DPOAs and to my knowledge the law does not "require" anyone to accept it but if accepted, then they are protected ..but go to the bank manager/president ..and in my experience...big banks/chase/BA/ etc people have little authority

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Answered on 8/07/09, 11:18 am


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