Does a Mass bank have to abide by a properly executed Durable Power of Attorney?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does a Mass bank have to abide by a properly executed Durable Power of Attorney?

My Father properly executed a Durable Power of Attorney granting power to my mother. She is trying to open a new joint account at a Bank of America branch and their legal department is telling the branch manager that they cannot open the new joint account for them. It is a lengthy, notarized, witnessed document that includes the appropriate

and specific banking powers my mother is trying exercise.

Asked on August 10, 2018 under Estate Planning, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The answer is yes: a bank does not to abide by a properly drafted and executed power of attorney. If they have some reason to believe that the document is deficient (e.g. is nt signed or witessed properly, or lacks the appropriate language for the banking authority) or was the product of fraud or coercion, they can refuse it on that ground and/or require some additional evidence that it is proper--but they need some evidentiary basis for that refusal or conclusion and need to be open to correcting the deficit they believe they perceive. They cannot simply arbitrarily refuse to honor a power of attorney. The law makes powers of attorney enforceable; a bank may not refuse to follow the law.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption