In Oregon no one can force any other person or entity to accept a power of attorney.
In many cases, banks refuse to accept a power of attorney.
It is probably good that no one can force a bank to accept a power of attorney, because banks have made it very clear that they would oppose such a law unless the banks are freed from any liability for accepting a power of attorney.
In many cases, a bank that pays out on a forged check is required to make good the fraud or theft from the depositor’s account. The same is, and should remain, true of powers of attorney.
A power of attorney is even more dangerous than a forged check, however, because someone with a power of attorney (real or forged) has the potential to completely drain someone’s entire bank account.
It is therefore a very good safety feature that bank personnel can continue to decline to accept a power of attorney for almost any reason at all.
Steven A. Heinrich
Divorce & Custody
Wills, Guardians & Elder Law
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