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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I live in Arizona. My mother is in a memory care facility.

Customer Question

I live in Arizona. My mother is in a memory care facility. She has certified dementia. She has an account with State Farm Federal Credit Union. The account is under a living trust, I am the sole beneficiary. She has a POA which I am the agent for her. State Farm told me they will not honor the submitted POA as a policy matter and would only honor a court order! Is this legal?
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
This is Samuel and I will discuss this and provide you information in this regard since the professional you requested is unavailable at this time
Yes. They can have such a policy No one is mandated to accept a POA on it's face. The main reason I can see for this is because a POA can be rescinded or revoked at any time with the simple process of drafting a new POA to a new person. And there would be no way to verify that the POA you have now is currently legitimate or valid but by a court's review and an Order designating it as such.
However, you can petition the court to order State Farm to accept the POA
Customer: replied 2 years ago.
thank you. As I stated the account is accepted and recorded in a living trust that appoints me sole beneficiary. I am the POA agent this seems to me to be consistent with my mothers wishes. With your rationale, could you not say the same thing about the trust?
Currently I can't even get a change of address for her and they require a minimal annual withdrawl to keep the account active which I have no way of doing. Her funds will be needed for her care in about 6 mos! I would like to avoid the court action if possible. Not sure about court costs etc.
Expert:  Samuel II replied 2 years ago.
HelloAnd thank you for the follow up questionYes. It would be the same with a Living Trust. Because it's "revocable" as long as your Mother is mentally competent, and she can change or dissolve the trust at any time at your own discretion for any reason. Typically, a living trust becomes irrevocable wherein it cannot be changed when the person dies.So unfortunately, yes to your question about the Trust and they may require a Court Order on that, too; if their policy requires it. I suggest, if you bring this matter to local attorney they may be able to work something out with State Farm. But I suggest it will be difficult for them to go against its policies.
Customer: replied 2 years ago.
ok thanks for your time.
Expert:  Samuel II replied 2 years ago.
You're welcome. All the best to you and the care of you Mom. Thanking you in advance for a positive rating.