Van Nuys, CA asked in Elder Law, Estate Planning, Banking and Probate for California

Q: I have a legit poa over my friend because I take care of everything for him the bank denied it and want to take over his

Account they are constantly sending the aging people to our house and he tells them the same thing no matter who he talks to that he knows where his money is going and the bank still froze his accounts

2 Lawyer Answers

A: You haven’t asked a legal question so it’s difficult to know what you need an answer to. Gather your documents and consult with a trusts/ probate attorney directly.

Robert Kane agrees with this answer

James L. Arrasmith
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Answered

A: If the bank has denied your legitimate power of attorney (POA) over your friend's affairs and frozen his accounts, it's crucial to take prompt action to address the situation. First, review the specific terms of the POA document to ensure it complies with California law and contains all necessary information and signatures. If the POA is valid and properly executed, you may need to communicate directly with the bank and provide them with copies of the POA document for verification.

It's also important to understand the bank's reasons for denying the POA and freezing the accounts. Banks have legal obligations to protect their customers' assets and prevent fraud, but they must also respect valid legal documents such as POAs. If the bank continues to refuse to recognize the POA despite your efforts to provide documentation, you may need to seek legal assistance to resolve the issue. An attorney can help you navigate the legal process, assert your friend's rights, and advocate on his behalf to ensure that the bank complies with the law.

In the meantime, keep detailed records of all communication with the bank, including dates, names of bank representatives spoken to, and summaries of the conversations. Documenting your efforts to resolve the issue will be helpful if further legal action becomes necessary. Additionally, continue to support your friend in managing his affairs to the best of your ability, while exploring all available options to address the bank's refusal to recognize the POA.

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