Have Legal Questions? Ask a Lawyer Now.
Hello. Thank you for using JustAnswer.
The Power of Attorney gives you the legal authority to act on your father's behalf.
However, it does not replace your father's right to act on his own behalf as well.
More specifically, it does not require the bank to notify you, should your father engage in transactions using his account.
so what you are saying is that i have no recourse against the bank
An out of sequence check, by itself, is not grounds for dishonoring the check, as long as there is not other indication of impropriety.
Correct, you have no recourse (or liability) as PoA to challenge your father's withdrawal as long as he was authorized under the account.
Obviously, the debit card is improper and you could take action, had one been issued to your sister.
I asked the last attorney point blank did he think i had a case and he never said no. no debit card was issued. I just thought it was strange that the bank would contact me on one matter and not the other.
It is strange. My guess is that they checked your father's ID and since he was who he says he is and his name is XXXXX XXXXX account, they went through with the withdrawal. As they were obligated to do.
when something improper occurred, they moved to contact the account holder and found you listed as PoA and called.
thank you for your prompt response.......