Is there a limit on how long a power of attorney paper is good for in alabama where banks are concerned

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My husband works for a company in Iraq and I handle all of our affairs with no problems til today. I have signed his name and other things. I went to my bank today and they wouldn't deposit our tax check because they said my power of attorney was over 5 years old and it didn't state that all other power of attorneys are void. I think this is bull, they have took checks that I've signed before and they see that his check is direct deposited every month. Any thing I can do?

Attorney Answer

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John Sullivan ·
I am not licensed in AL, so I can only comment in general. However, I doubt the rules are very different there than here in WA. As long as it is a durable power of attorney (specifically states it is still in effect if he becomes incapacitated), it shouldn't matter how old it is, especially if the bank has been relying on it for a substantial period of time. Their issue about revoking prior powers is interesting, but not determinative. First, it apparently didn't bother them in the past. Second, even if true it doesn't mean yours isn't valid, ust that there may be another one out there and they'll get contradictory orders. If they ever did the bank would be justified to stop following anybody'a orders until they get clarification. I have actually had banks turn down powers of attorney that were more than 90 days old, so it's not unusual. For whatever reason, the bank has gottenuncomfortable dealing with such an old (5 years is a LONG time) power. Your options are probably to bring a petition in court to force the bank to follow the power, assuming AL has a law enabling you to do so, as we do here. You might try a complaint to the state banking regulator (if state chartered) or the Federal Reserve (if national bank). But in the end, this is illustrative of the axiom I learned very early in law school - the bank always wins. Your best solution is probably to have your husband have one made at the most convenient place - perhaps the embassy in Baghdad. If the bank has a preferred form, sed it over.
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