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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36235
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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POA in Florida. It is my understanding that a non durable

Customer Question

POA in Florida. It is my understanding that a non durable POA is not grounds in and of itself for a bank to refuse to accept the POA. I am being told the POA needs to be durable. I disagree according to the FPOOA of October 2011. And you say?
Thanks,
Linda
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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I completely agree with you that as long as the POA hasn't been revoked and grants the specific powers for the holder to do whatever it is that they want to to, it should be accepted. However, the problem here is that many banks are completely stubborn about this type of thing and have their own established internal rules about what they will accept.

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I ran into a similar problem with a brokerage house and my father's account. They wouldn't even accept a DPOA that was properly executed, notarized and recorded. They wanted one on their own paper. So rather than incur the time and expense of suing them to have a judge order them to acknowledge that the POA was valid, it was just simpler to get them what they wanted.

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So while you are in the right here, the battle to prove it might not be worth the cost..

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thanks

Barrister