[WSBAPT] Bank refusal to accept POA

[Jim Doran]

Yes.  Absolutely.  Document all your efforts.  If it is truly an outrageous
refusal, then you may get attorney's fees.
James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com


On Wed, Nov 17, 2021 at 11:33 AM Claudia A Gowan <claudia at cagowanlaw.com>
wrote:

> The one point I might add to this discussion – but the litigators will
> probably know better – is that an award of attorney fees and costs might
> require a substantive demonstration of the bank’s refusal to honor the
> power of attorney.
>
>
>
> Best, Claudia
>
>
>
>
>
> *Claudia A. Gowan*
>
>
>
> *Claudia A. Gowan, PLLC*
>
> *2212 Queen Anne Avenue No., # 338 (Mailing only)*
>
> *Seattle, WA 98109*
>
> *(206) 443-2733 (T)*
>
> *claudia at cagowanlaw.com <claudia at cagowanlaw.com>  *
>
>
>
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Joshua McKarcher
> *Sent:* Wednesday, November 17, 2021 10:06 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Bank refusal to accept POA
>
>
>
> I am fortunate never to have to have done it before, but unless you have a
> personal relationship with someone at the bank, and that person can help
> immediately, I have decided I am on the side of those on this listserv that
> say they generally don’t waste their client’s money writing letters and
> making phone calls, and going in several circles, but instead they draft
> the simplest possible complaint and file it in an appropriate court and
> serve it on the bank. Request fees and costs as permitted, and away you go!
>
>
>
> Probably about the same hourly fee commitment and almost certain to get
> “instant” results. Only the complaint is “guaranteed” to make it to a
> lawyer who will figure it out and concede. So long as you are 100% sure you
> are correct.
>
>
>
> Heck, our section perhaps ought just come up with a proper model complaint
> that recites the law and basic attempts and refusal to accept. I am
> guessing I’ll have to file one eventually, and if I ever do I’ll circulate
> my template.
>
>
>
> Best, Josh
>
>
>
> Joshua D. McKarcher
>
> McKarcher Law PLLC
>
> 537 6th Street
>
> Clarkston, WA 99403
>
> (509) 758-3345
>
> (509) 758-3314 (fax)
>
> josh at mckarcherlaw.com
>
> www.mckarcherlaw.com
> ------------------------------
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> on behalf of Timothy Lehr <
> timothy at stileslaw.com>
> *Sent:* Wednesday, November 17, 2021 10:51:18 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
>
>
>
>
>
> p:   360.855.0131
>
> e:   timothy at stileslaw.com
>
> w:  www.stileslaw.com
>
>
>
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