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Maria P
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legal question... at bank now
« on: November 18, 2013, 09:47:37 AM »

Does a power of attourney have to be drawn up by an attourney or can it be typed by a non attourney?

assume the following facts are correct:

The verbage is correct

the document is propertly signed, witnessed and notorized.

the document is on plain paper, not on letterhead.
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Maria P
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Re: legal question... at bank now
« Reply #1 on: November 18, 2013, 09:53:53 AM »

the hang-up seems to be that since the document was not prepared by an attorney (evidenced by the plain white paper), that it is not legit.  But it has two witnesses and a notary and the verbage is verbatim to the one actually preapared by an attny except the real estate stuff was removed when it was re-typed.

I cannot think of any requirement that an attorney actually draw up the document to be legal.
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nebraskamom
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Re: legal question... at bank now
« Reply #2 on: November 18, 2013, 10:19:28 AM »

I think if you google it, you can probably find the answer.  Doesn't the bank have an attorney on staff there that can answer the question or look it over?
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Kenzies Mom
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Re: legal question... at bank now
« Reply #3 on: November 18, 2013, 10:42:49 AM »

We used an POA that I typed up myself.  It was accepted by the US consulate when we adopted.
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neg58
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Re: legal question... at bank now
« Reply #4 on: November 18, 2013, 10:47:12 AM »

A power of attorney has nothing to do with an attorney and can be drawn up by anyone and there are many samples available on the internet.  However, many POAs are incorrect.

No one has to accept the power of attorney if they don't feel it meets their requirements.  Some states require a certain notary block, that the notary record the notarization in a book if it has to do with real estate, that the POA be recorded with the real estate documents.  I've rejected many POAs because they are not correctly witnessed or notarized.  If the witnesses or notary can benefit from the POA, I reject them (like witnessing a Will if you are a beneficiary).  I've rejected a lot of POAs if one spouse is in the military and things don't look right (dates are added later or missing).

If you have a specific question, let me know.

Nancy
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Moogacat
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Re: legal question... at bank now
« Reply #5 on: November 18, 2013, 11:57:53 AM »

What Nancy said, especially about the witnesses or notary being a person named POA or a relative. That's a big red flag.   FWIW, I'm a lawyer and print everything on plain copy paper.
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Maria P
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Re: legal question... at bank now
« Reply #6 on: November 18, 2013, 02:39:29 PM »

OK, so here is where we stand.

The bank rejected the POA so now I can't pay any of  Mom's bills until I can get her to a branch...eventually.  She lives just far enough away to make this a PITA and her health is failing. 

Last year, I had a copy of a POA which had been drawn up y an attorney previously.  It had all sorts of powers in there that I wanted no pat of so I retyped it, word for word, except for the language wording real estate, taxes and such.  The new POA was giving me power over Mom's banking.  It was witnessed by two brothers (who are not named in the POA) and notarized.  Around the same time, I had mom at a bank branch and she and I set up online banking, an additional account and used a bank supplied POA form to give me POA over her account.

The other day, she gave her bank information to a telephone scam artist so my brother took her to the bank and she closed the account and opened a new one.  The POA the bank provided was account specific so they won't let me touch her new account (I had assumed that it was for all of her accounts)

In the mean time, I had a new POA drawn up by an attorney which we have not gotten signed yet.  After leaving the bank, I looked at both, side by side and they are identical except the new one covers all that other stuff.

The bank had told me that the POA was rejected because it was a) not prepared by a lawyer and b) did not contain a duration clause.  She said it needs a statement that in the event that Mom is incapacitated, the POA stays in effect.  Well, I thought that was a given and that it stays in effect until revoked.

Either way,   thank you all for the advice.  I could not get my attorney on the phone while I was at the bank.  I left a message and will run this by him so that he can have the "duration" clause added (if needed) to this one.
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Moogacat
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Re: legal question... at bank now
« Reply #7 on: November 18, 2013, 03:04:33 PM »

Yes, you definitely want a durable POA as opposed to a limited one.  To be durable after incapacity that normally has to be stated in some jurisdictions (I think-- drawing on memories WAY BACK).   I do know that all of the ones I see drafted in my firm expressly state they are durable, as do the DPOAs my husband and I executed along with our wills and health care surrogates.
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