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?
1 Answer from Attorneys
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.