[WSBAPT] Bank refusal to accept POA

Wed Nov 17 18:29:37 PST 2021

Well, kudos to Jim Brown of Aberdeen and to you, Chris, for sharing this inexpensive pre-litigation option that indeed “should” in a rational world make its way promptly to “legal” and get results.

I will say I never have these problems with accounts titled to trust and (later) straightforward co-trustee appointments. Works like a charm even with the biggies. I think banks just “get it” with trusts without feeling like they must scrutinize the document as though the agent-presenter of a POA is deemed to be a criminal until proven otherwise. Perhaps a slight exaggeration, but maybe not from all the posts on this topic.

Onward and upward fellow estate planners!

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<http://www.mckarcherlaw.com>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Christopher Neil <chris.neil at neillaw.com>
Sent: Wednesday, November 17, 2021 12:56 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Bank refusal to accept POA

This is a serious problem.

Attorney Jim Brown of Aberdeen<https://www.elderlawanswers.com/elder-law-attorney/James-Brown/attId/6224/locId/341> has developed a plan, that I have used twice in the past two months to solve this exact problem.  If both cases, two different banks (one of which was Bank of America) totally refused to cooperate.    Then they received a hand-delivered copy of the following letter with the attachments as described in the letter.  Within 72 hours I received a phone calls that the matter was resolved.

With all credit to the Jim Brown, here is the letter that has worked 2 for 2.  I know Mr. Brown would appreciate it we could get banks educated.

My client, XXXXXXXXXXX reports that XXXXXXXXXXX Bank will not accept the durable power of attorney given to XXXXXXXXXXX by  XXXXXXXXXXX dated September 25, 2021.  My client provided the durable power of attorney and other documents to BANK EMPLOYEE at the CITY  Branch on October 18, 2021.  BANK EMPLOYEE kindly called my client yesterday and explained XXXXXXXXX Bank cannot recognize my client as  Agent under this durable power of attorney.

I have reviewed the durable power of attorney drafted by a Tacoma Attorney and am certain that there is no reason why it should not be accepted.  Notably, paragraph XXXX of the durable power of attorney GIVES THIS AUTHORITY.  I am treating any concerns of XXXXXX Bank as a request for Certification pursuant to RCW 11.125.200.  For that reason, enclosed is an updated copy of the statutory Certification of the Power of Attorney

Please note that pursuant to RCW 11.125.200 (1)(b), you have 5 business days from the date you receive this Certification to accept the durable power of attorney.  Your failure to accept the durable power of attorney within that time will subject XXXXX Bank to court action to compel acceptance and reasonable attorney fees.  I enclose a copy of RCW 11.125.200 for your reference.

As you will note from the Certification, my client directs that you now communicate directly with my law office about this matter.  Therefore, please provide a written acceptance of the above-referenced Durable Power of Attorney on your letterhead to this law office at your earliest convenience

We appreciate your anticipated kind cooperation in resolving this matter.  Thank you in advance for your written acceptance of the Power of Attorney.

Very truly yours,

XXXXXXXXXXXX
Attorney at Law

Good Luck.

Chris Neil | Attorney | Neil & Neil, P.S.
5302 Pacific Avenue,Tacoma,WA 98408 | Chris.Neil at NeilLaw.com<mailto:Chris.Neil at NeilLaw.com>
(253)475-8600 | f:(253)473-5746
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On Nov 17, 2021, at 11:28 AM, Claudia A Gowan <claudia at cagowanlaw.com<mailto: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<mailto:claudia at cagowanlaw.com>

www.seattletrustsandestates.com<http://www.seattletrustsandestates.com/>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com/>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Timothy Lehr <timothy at stileslaw.com<mailto:timothy at stileslaw.com>>
Sent: Wednesday, November 17, 2021 10:51:18 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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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p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com/>

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