This special or limited power of attorney is for your agent to handle bank account matters for you, including, making deposits, writing checks, opening accounts, etc. A limited power of attorney allows the principal to give only specific powers to the agent. The limited power of attorney is used to allow the agent to handle specific matters when the principal is unavailable or unable to do so.
Virginia Special Durable Power of Attorney for Bank Account Matters
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Special Power Attorney Form FAQ
The POA retains access to any of the decedent's assets that name them as a joint owner or payable-on-death (POD) or transfer-on-death (TOD) beneficiary. Assets that commonly carry POD/TOD designations or can be jointly titled include life insurance proceeds, bank accounts, retirement accounts and brokerage accounts.
But because of the risk of abuse, many banks will scrutinize a POA carefully before allowing the agent to act on the principal's behalf, and often a bank will refuse to honor a POA.The agent fought back in court and won a $64,000 judgment against the bank.
Through the use of a valid Power of Attorney, an Agent can sign checks for the Principal, withdraw and deposit funds from the Principal's financial accounts, change or create beneficiary designations for financial assets, and perform many other financial transactions.
While laws vary between states, a POA can't typically add or remove signers from your bank account unless you include this responsibility in the POA document.If you don't include a clause giving the POA this authority, then financial institutions won't allow your POA to make ownership changes to your accounts.
An agent cannot:Make decisions on behalf of the principal after their death.However, unless the principal named a co-agent or alternate agent in the same POA document or is still competent to appoint someone else to act on their behalf, an agent cannot choose who takes over their duties.
The Achilles heel of powers of attorney is that banks and other financial institutions sometimes refuse to honor them.When the power of attorney becomes necessary, it's often because the principal has become incapacitated.
Financial powers of attorney usually include the right to open bank accounts, withdraw funds from bank accounts, trade stock, pay bills, and cash checks. They could also include the right to give gifts. Medical powers of attorney allow the agent to make health care decisions.
A power of attorney allows an agent to access the principal's bank accounts, either as a general power or a specific power. If the document grants an agent power over that account, they must provide a copy of the document along with appropriate identification to access the bank account.