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John Legal
John Legal, Attorney
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Experience:  Over 15 years legal experience.
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Hi, I was wondering if there is some kind of person that

Resolved Question:

Hi,

I was wondering if there is some kind of person that can legally sign for another person that has given over a power of attorney for a one time only thing? I have a check that is part of a settlement agreement between HSBC Mortgage and some federal banking committee. The check is made out to me and th ex who now lives in another state and we are trying to find a way so that the ex does not have to travel here. The bank issuing the check wants the ex's signature, which she is willing to do, but banks are wanting the ex in person to sign the check.

Make sense?

Thanks,

Kris
Submitted: 1 year ago.
Category: Legal
Expert:  John Legal replied 1 year ago.
Welcome! Thank you for your question.

Kris,

That is a very good question. There is something known as a "limited power of attorney." A limited power of attorney works like a durable power of attorney but specifically references and gives authority for one action. Your ex wife can give you or anyone else authority to sign the check under this limited power of attorney.

I am not sure if there is a basic form online but I can check. If there is a form you will have to modify it to specifically state that it is related to your exact circumstance. Can you confirm what state you will be cashing the check?

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

Please show your appreciation for my candid, accurate information by clicking VERY INFORMATIVE, OR the OR and positive feedback. You should only rate me if you are satisfied with the information I provided you. If you cannot rate me GREAT please do not rate. Give me a chance to make it right by clicking REPLY TO EXPERT.

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Thank you,

John

Customer: replied 1 year ago.

Dear XXXXX,


 


Thank-you for the info.


 


The state the check will be cashed in is Oregon.


 


I should probably contact the banks again that I had already to see if they will allow that, shouldn't I?


 


Thank-you,


 


Kris

Expert:  John Legal replied 1 year ago.
Yes, and the bank may have a limited power of attorney form that you can use and they will specifically accept. The bank should, by law accept a limited power of attorney. If a teller is telling you no, I would not accept that answer.

Here is a link to a limited power of attorney form that will work in Oregon: http://poaform.org/attachments/article/300/-Official-%20Oregon%20Limited%20Power%20of%20Attorney%20Form.pdf
Expert:  John Legal replied 1 year ago.
Kris,

I am hoping you received my response and the link to the form. Let me know if the link does not work or if you have follow up issues.

Please do not forget to rate me excellent so that I am paid for my work.

John
John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience: Over 15 years legal experience.
John Legal and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Dear XXXXX,


 


Thank-you so much for the info. It seems pretty straight forward though I do have a brain injury disability and I just want to make sure I understand the steps.


 


1. Print this out and send it to the ex.


 


2. The ex signs it with a witness and notary.


 


3. The ex sends it back.


 


4. Do I need to sign it as well, with a witness and notary?


 


5. Then I take all the signed documents and check to the bank?


 


Is this correct or am I leaving anything out.


 


Thank-you for the help!


 


Sincerely,


 


Kris

Customer: replied 1 year ago.

Dear John,



I sent the below response yesterday and I am just following up on it since I did not hear from you. You must be celebrating father's day. Happy day!

 


Thank-you so much for the info. It seems pretty straight forward though I do have a brain injury disability and I just want to make sure I understand the steps.




1. Print this out and send it to the ex.




2. The ex signs it with a witness and notary.



3. The ex sends it back.

 


4. Do I need to sign it as well, with a witness and notary?




5. Then I take all the signed documents and check to the bank?



Is this correct or am I leaving anything out.


Thank-you for the help!




 




Sincerely,




 




Kris


Expert:  John Legal replied 1 year ago.
Kris,

You are welcome. This is pretty straight forward. I will answer your questions as you posed them:


1. Print this out and send it to the ex.

 

Yes, Make sure you fill in the bank for the exact action that she is authorizing you to take on her behalf. It may help if you take this form to the bank and see if they will tell you what you should put in the blank for the action to take.




2. The ex signs it with a witness and notary.


Yes, a witness and a notary where she is located.

3. The ex sends it back.

Yes, she must send the original back. A faxed copy or scanned copy is not sufficient.


4. Do I need to sign it as well, with a witness and notary?


No, you do not need to sign anything. You will present the original signed power of attorney, along with the check to the bank and sign the check with your name and with her name as "attorney in fact" for your ex.


5. Then I take all the signed documents and check to the bank?

 

Yes, see above.

 

There is certainly no harm in trying these steps on your own. If you do not have luck or it is too confusing then it just may not be something you can do on your own. You should then get an attorney experienced in trusts and estates to help you with this transaction.

Expert:  John Legal replied 1 year ago.
Kris,

It was great to talk with you on Saturday. I am hoping that the bank has accepted the limited power of attorney for your ex and you have been able to cash the check. If there is an issue please follow up with an additional question and I will see if I can find further information that will help.

John

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