What makes a power of attorney a legal document?

Business 2 views 4 answers
Is it my signature, an attorney's signature, or the notarization. Can I make a simple limited POA (no attorney) and just get it notarized? Can a bank insist that the document have an attorney's signature? If it is a legal document, can a bank unilaterally decide just not accept it?

Attorney Answers

4
Arthur Geffen ·
Texas has a Durable Power of Attorney Law that sets forth what is to be in a POA. If you follow that law (I wholeheartedly recommend you hire a lawyer to do so) you should not have a problem getting the bank to accept the POA since all of the big banks had input on what the law was going to say.
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Fran Brochstein ·
A bank does not have to accept a POA. My mother's bank would only accept a POA on their letterhead that was notarized by one of their tellers. That was their legal department's policy. A bank does not have to do business with you. You are free to take your business elsewhere. I hope this information is helpful. I recommend that you use a probate or elder law attorney to assist you. Trying to "do it yourself" usually is a mistake. Estate planning is complex and can cause all sorts of unexpected problems. Please don't try to save a nickel -- it usually costs $10 to fix a nickel problem!
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Steven Fromm ·
Just stop. These are inexpensive documents that should be drafted by an expert, namely, an estate or elder law attotrney. There is a skill involved in doing them and knowing what the law requires. Get an expert and do this now.
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Joseph Pippen ·
The bank has the right to have requirements before accepting certain documents. You have the choice on who you do business with.
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