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RESISTANCE BY BANKS Because the durable financial power of attorney is sometimes abused, either by relatives seeking to benefit themselves or by criminals who forge them to steal from the elderly, banks seek to avoid being held liable for a customer's losses.
On an account with a power of attorney (POA), what happens after the account holder is deceased? Generally, the POA automatically expires upon the death of the account holder. State law and the terms of the POA would govern the status of the POA at that time. Last Reviewed: April 2021.
Mandatory Withdrawal the lawyer is discharged by the client; the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or. the representation will result in a violation of the Rules of Professional Conduct or other law.
But what happens when a third party, such as a bank or credit union, refuses to acknowledge a properly executed power of attorney document? This may result in significant hassle and frustration, but California law provides a structure to make a claim against those third parties and even to recoup legal fees.