What should one do if a Power of Attorney is rejected?
What CAN one do if a Power of Attorney is rejected?
It is not uncommon for a Power of Attorney to be presented to an entity, and to have that entity reject the power of attorney.
Such problems not infrequently arise when dealing with major banks and with financial management companies that hold retirement accounts, IRAs, and 401Ks.
The short answer is that, in Oregon, there is nothing that can be done to force a person or entity to accept the authority of an attorney in fact or agent who has been appointed by a Power of Attorney.
Sometimes, particularly if there is no other viable alternative, it can be worth trying to bring the matter to the attention of a more senior decision maker at the bank, financial management company, or other entity.
In such cases, it can sometimes be helpful to have the assistance of a lawyer. Sometimes, particularly if there has been an ongoing relationship between the lawyer and the client who signed the Power of Attorney, and if a history can be established, the institution can be persuaded to accept the Power of Attorney.
Sometimes, even if an entity will not accept a Power of Attorney for all purposes, they will accept it for specific limited purposes.
Sometimes, however, there is nothing that can be done to induce the entity to accept the Power of Attorney.
In that case, there may be no other option other than to go to Court to seek a Conservatorship. The court appointed Conservator is usually able to enforce his or her rights to handle the finances of a protected person who is subject to a Conservatorship.
Steven A. Heinrich
Divorce & Custody
Wills, Guardians & Elder Law
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- When Should You See An Elder Law Attorney
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- Overview of Guardianships, Trusts, and Health Care Documents
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- Guardianships and Conservatorships