Special Durable Power of Attorney for Bank Account Matters - Delaware 2025

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You should make sure that whoever you choose to serve as your agent through a POA is someone you trust and who knows and will respect your wishes. It is very important that the POA meet all statutory requirements, including having an agent certification, notarization, and witnesses.
Because a power of attorney may grant very broad power over your property, including your bank accounts, we recommend that you consult a legal advisor, estate planner or other tax professional to see whats right for your situation.
RESISTANCE BY BANKS Because the durable financial power of attorney is sometimes abused, either by relatives seeking to benefit themselves or by criminals who forge them to steal from the elderly, banks seek to avoid being held liable for a customers losses.
A Power of Attorney Could Leave You Vulnerable to Abuse Often, this does not happen at least not unless or until abuse of power becomes egregious. Because of the potential that an agent could take advantage of you or steal from you, it is very important that you select the right person to act as your agent.
As long as the power of attorney (POA) follows the laws of your state, banks, credit unions, and other third parties should accept it. Ask to speak to the branch manager, a supervisor, or an attorney for the bank or credit union.
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Reasons a financial institution may reject a financial power of attorney include: The financial power of attorney is considered too stale because it was executed several years earlier. Legally, a durable power of attorney does not expire until it is revoked by the principal or the principal dies.
Power of Attorney (POA) is a Powerful Legal Document Depending on the type of POA, your agent can withdraw money from your bank accounts. First, lets look at a POA with even more power than taking money out of your accounts. The healthcare POA is close to having power over life and death.
When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.

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