Common Questions about POA/ HCPOA

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Common Questions about  POA/ HCPOA

Common Questions about POA/ HCPOA

How do I force a bank to honor a POA without all the run arounds?

Florida statute 709.2120 states that a bank or other business cannot unreasonably reject a power of attorney. A bank that unreasonably rejects a valid power of attorney can be forced to pay costs and attorney’s fees. Unfortunately, the reality is that some large banks will still refuse to honor valid documents on occasion. If this happens, I suggest you find an attorney well versed in the statutes governing powers of attorney to discuss the issue with the bank legal department.

My 80 year old mother has enlisted the help of my brother to maintain her finances. Can my brother legally block me from accessing my mother’s bank account?

If your brother is fulfilling your (legally competent) mother’s wishes, there is not much you can do about it. However, if he is abusing the POA to his benefit or to your mother’s detriment, then he may be acting in violation Florida law. Consult with a Florida attorney to determine the best course of action for your particular circumstances.

My father’s doctor has asked me to take his car keys from him because he feels my father should not drive. I have POA but do I have the legal right to take his keys?

A Power of Attorney only grant rights which are subordinate to the grantor’s rights. The grantor does not “give up” any of his rights, he merely allows another person to also exercise those rights. As the holder of the POA (the Attorney-in-Fact) you are given the power to do anything that he could do so long as it conforms to his wishes. The POA will not allow you to override his decisions.

If your father is a danger to himself or others, a guardianship may be the solution.

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