Legal Question in Wills and Trusts in Texas

Acceptance of Power of Attorney by bank.

My elderly friend gave me a Durable Power of Attorney just before moving to a third world country. His bank refuses to accept the power of attorney, stating that it has to be on ''their form.'' The only difference between their form and the POA is that at the bottom of their form is the bank's name and form number. They agree that the signature of my friend is authentic and the form complies with Texas law.

Can I force the bank to accept the power of attorney?

I need his banking statement to file his taxes.

Thanks.


Asked on 4/22/01, 7:07 pm

1 Answer from Attorneys
Donovan Hutchins Mason, Coplen, Shuchart, Hutchins & Banks, P.C.

Re: Acceptance of Power of Attorney by bank.

Legally, you can force the bank to accept the POA you have already, if it complies with Texas statutory requirements. However, as a practical matter, the bank can delay and delay forever, unless you file suit. The better solution is to send the form to your principal overseas, and have him sign on the bank's form, with his signature acknowledged (notarized) by the U.S. Consulate or Embassy officer in that foreign country, and have him return to the original to the bank. Call me at 713-785-5595.

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Answered on 6/15/01, 8:35 pm


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