I have a Power of Attorney, signed by my husband in 2001, which I used for buying/selling homes, cars, filing income tax, etc. No problems. Should I be able to use it for banking matters (separate accounts), or has it expired? He's not available, due to jail, and keeps telling me that it is still good. The bank doesn't seem to think so.It's our money, in his account!
A POA allows institutions to treat you as if you were your husband. HOWEVER, no one has to accept/recognize the general POA that you are talking about. I have been drafting these for years. Clients are surprised when I tell them that. Generally, most corporations/banks will accept them, its just good business. That being said, a POA executed 5 years ago would raise some red flags with me. I dont blame them for questioning it. Put yourself in their shoes. Sorry.
There are several different POA's. With banking it's called a financial POA. Medical is a Durable POA. All POA's become null void at death or after an estate has been settled.
It all depends on what type of Power of Attorney you have. There durable and non-durable. He is correct when he says there is no expiration date, but like one other person who answered your question, I would be hesitant if it was five years old. If he is incarcerated he can get another P of A free of charge by requesting it with inmate services. Perhaps you might suggest that to him and that would solve the problem of it not being accepted at some places. Another option would be to record it with the county and use a certified copy. That might help.
