My dads bank had me fill out their POA Form by my dads request . My dad had a stroke and is set to see a neurologist next week. I told the bank my dad when asked to tell me my name or the year or his address he just stares and says he doesn’t know. The bank refuses to speak to me and insists to speak to my dad against my objections and knowing he is incapacitated. I asked the bank to buy a block and password on my relatives because they have said they are going to drive my dad to his bank when he is not right in the head. What can I do with the bank can I sue them for not putting security measures in place that I have requested since my dads stroke ?
Is it difficult to answer this question based on the way it was asked, but I will try to sort this out. I have to guess, from the facts, this is a Statutory Durable POA. --- You said "My dads bank had me fill out their POA Form by my dads request". If you mean that you filled out the POA instead of your dad filling it out when he had capacity, it is understandable the bank will not honor it, the POA is invalid. --- Does the POA state that the POA is only effective on your fathers incapacity? If so, it may contain a condition that has to be met before the POA can be used by the agent, such as "I shall be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing at a date later than the date this power of attorney is executed that, based on the physician's medical examination of me, I am mentally incapable of managing my financial affairs". --- Contact an attorney so she/he can ask the questions to get you to your answer.
DISCLAIMER: You need to get an attorney to get the final answers for your question(s). This is not legal advice, does not establish attorney-client relationship, and is not a substitute to you engaging the services of a licensed Texas attorney. There is no possible way that a few sentences from you about your situation can provide me with enough information to cover the law in any situation.
John's response is correct. You need an attorney to look at the POA and see what it says.
I have practiced law for over 40 years and currently reside in Colorado. I am licensed to practice in Texas and Colorado. For the most part, I practice in the area of estate planning, which includes drafting wills and powers of attorney, guardianships, probate, real estate, and related issues. My response to your question does not create an attorney-client relationship with me or any attorney. My response is based on the information provided.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline