Powers of Attorney, Banks, and Safeguards Against Abuse

Tuesday, April 2, 2019

    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.