[WSBAPT] Bank refusal to accept POA

[Bruce Moen]

I suggest a call to the Branch Manager and ask if anything that you can provide to get the bank to accept.  If the Manager says "No," then ask if the Manager can provide you with a contact person within the Bank's Legal Department.

Understand that the Branch Manager has a Manager's Guide provided from on high.  If the Guide tells the Manger not to accept, then they have no discretion and their hands are tied.  If a gray area, then the Manger kicks the issue upstairs into the Legal Department for further guidance and authorization.

My practice is to ask the Manager if they have any discretion in the matter and, if not, to seek access into the Legal Department.  If I get that far, then I ask what the Legal Department might require for them to authorize the Manager to accept the POA.

I've had 50-50 success with this approach in small Branches.  More complicated in a large Branch because it may not be apparent who has authority.

Good luck!

  Bruce Moen



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Timothy Lehr
Sent: Wednesday, November 17, 2021 9:51 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Bank refusal to accept POA

All,

I believe this was discussed on this listserv previously, but I hoping for some thoughts on a bank's refusal to accept a duly executed power of attorney. The principal solely owns a business that is winding down. The POA is trying to access and close a bank account owned by the principal's business. The bank is refusing and giving my client (the agent) the runaround.

The POA specifically addresses the agent's power to run the principal's business and perform business acts, and I've read RCW 11.125.310 in regard to agent's authority on the operation of a business. I've also read 11.125.200 on liability of a person's refusal to accept a valid POA.

Practically, what's the best way to approach this? Send a letter to the bank citing the RCW's and demanding acceptance? Start with a phone call?

Thanks,

Timothy C. Lehr
Attorney at Law

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e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
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