[WSBAPT] Bank of America question

[Candy Correia]

Thanks to everyone who replied regarding the DPA and Bank of America issue.  I appreciate the info! It sounds like working around a bank’s internal policies, especially B of A, are becoming more and more of an issue. 

Candice

Associate Professor 
Whitworth University 

Sent from my iPhone

> On Jun 16, 2021, at 4:25 PM, Lewis, Amy C. <ALewis at eisenhowerlaw.com> wrote:
> 
> 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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