Legal Question in Wills and Trusts in California

Bank asked for a durable POA from my wife to sign a loan doc. I provided POA which has the verbiage "This power of attorney will continue to be effective even though I become incapacitated." But, bank is refusing it saying it is not durable POA. Is it right?

Asked on 6/14/22, 12:39 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

If it is not the exact text found in California Probate Code Section 4401 it is not a valid California Durable POA, regardless of what "verbiage" it may contain.

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Answered on 6/14/22, 12:44 pm

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