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TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 11780
Experience:  JD, MBA
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What should I do when the Power of Attorney signature

Customer Question

What should I do when the Power of Attorney signature doesn't match the signature on file at the bank? Also, the POA grantor is now incapacitated.
Submitted: 1 year ago.
Category: Estate Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Who are you in relation to the bank, the attorney-in-fact, and the grantor?

Customer: replied 1 year ago.
I am the son of the grantor and I am the attorney in fact. .
Expert:  TJ, Esq. replied 1 year ago.

Hello again.

So I assume that the bank refuses to honor the power of attorney because the signature does not match the bank's own records. Correct? Is this a durable power of attorney, or a regular power of attorney?

Customer: replied 1 year ago.
that is correct, and this is a durable POA.
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

I'm sorry to say that you're going to have to file for a declaratory judgment in court which states that the durable power of attorney is valid, or sue the bank to force it to accept the durable power of attorney. The latter probably makes more sense because you can prove the former in the lawsuit for the latter and kill two birds with one stone. I strongly suggest that you retain a local attorney for this. Unfortunately, this is not a small claims, Judge Judy, type of lawsuit. Also, the attorney may be able to talk to the bank and convince them to accept the durable power of attorney without the need to file a lawsuit.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 1 year ago.
that answers all of my questions for today, thank you for all of our assistance.
Expert:  TJ, Esq. replied 1 year ago.

You are quite welcome. Please let me know if you need any clarification in the future , or if you have additional questions. I wish you the best.

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