What do I do when the bank rejects a power of attorney because my mom is disabled?
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If she is mentally disabled and cannot make decisions in her own best interest, a power of attorney cannot be redone. This is because the power of attorney requires that she sign for it, which someone who cannot understand cannot do. When that happens, you would then have to seek a guardianship or conservatorship, depending on your state (Uniform Power of Attorney Act (UPOAA)). It's filed through the probate court.
If your mom can understand and the disability is physical, she could notarize a durable POA. A remote notary could be used to accommodate.
I know this can be stressful, so if I can be of help, please let me know.
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Good morning. I have a question. The bank denies the power of attorney I am trying to use due to a clause on page 10 that says the power of attorney will be terminated when the principal becomes disabled. My mom is disabled right now. How can I fix that part?
I'm sorry to hear about the issue with the bank denying the power of attorney. Have you tried discussing this situation with the bank directly?
Yes, they said I have to bring another one without that part. I think I need a durable power of attorney.
Have you consulted with a lawyer regarding the termination of the power of attorney due to your mother's disability?
No.
Is there anything else the lawyer should know before I connect you?
No.
Welcome, and thank you for using AskaLawyer. My name is Liz, and I'm the attorney who will be assisting with your legal question. I know that dealing with the law can be incredibly stressful and challenging, so I’m here to help clarify and provide direction. So I can best help, what kind of disability does your mom now have?
I filled out a POA, but the bank rejected it because one of the pages said the POA is going to be terminated when my mom becomes disabled. And she is disabled right now.
If she is mentally disabled and cannot make decisions in her own best interest, a power of attorney cannot be redone. This is because the power of attorney requires that she sign for it, which someone who cannot understand cannot do. When that happens, you would then have to seek a guardianship or conservatorship, depending on your state (Uniform Power of Attorney Act (UPOAA)). It's filed through the probate court.
If your mom can understand and the disability is physical, she could notarize a durable POA. A remote notary could be used to accommodate.
I know this can be stressful, so if I can be of help, please let me know.
