[WSBAPT] Bank of America question

[Lewis, Amy C.]

The default under RCW 11.125.110(1) is for co-agents to "exercise their authority jointly" unless one delegates to the other.  One option would be to have one delegate to the other.  I have done that with BofA and co-PRs.  Otherwise, maybe point the statute out to the bank along with the provision allowing for an action to enforce the POA and seek attorney fees.  Of course the problem is often connecting with someone at the bank who has authority to make a decision.



Amy Lewis, Attorney
Eisenhower Carlson, PLLC
909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candy Correia
Sent: Wednesday, June 16, 2021 4:13 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Bank of America question

Hi Listmates,

I’m providing some pro bono services. I’m wondering if anyone has ever dealt with Bank of America and a DPA that names co-agents to act on the principal’s behalf? The DPA states they must act together unless one of them is unwilling or unable to act. The principal is incapacitated and elderly. The bank says the DPA must state that the agents can act independently and they won’t allow two signatories on the account. 

Thanks in advance for any guidance!

Candice 

Associate Professor
Whitworth University 

Sent from my iPhone

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