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Power of Attorney for tax refund check?

Houston, TX |

My friend married her husband while he was in prison. He is still in prison , and she files there taxes together. She was sent a refund check in the mail with both of their names on it. She has Power of Attorney for him. The bank won't let her cash the check even though the checking account is in her name, and she has the Power of Attorney paperwork. They said it was because his name is not on the checking account. Nor will any check cashing place. She got the Power of Attorney in order to do this now she is being refused. Do you all have any advice of what she can do in order to get the check cashed?

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Attorney answers 3


She could just go to a branch of the bank and just deposit it into her bank account like any other check. Maybe the branch will just do it. After the check clears, if they take it, then the check is good. Good luck. Let me know how it works out.

Marty Davidoff,, 732-274-1600. This answer is provided for general information only. You should seek advice from an attorney or tax professional.


Just because you have a valid power of attorney doesn't mean anyone is required by law to accept it. You might try some other banks to see if you can find someone who will accept it. You could also consider complaining to your bank manager, or even the bank VP or president. If you can send the check to your husband and the prison will let him sign it and return it to you, will the bank accept it then?

E. Rhett Buck, Attorney-CPA
3730 Kirby Drive, Suite 1200
Houston, TX 77098
Tel 713-868-9447
Fax 713-868-6157

This information is provided for educational purposes only, and is not to be relied upon as legal advice. You should consult with an attorney with full disclosure of all facts and opportunity to consider all or alternative options.


Just to add a little to what my colleagues advised, if she has a checking account with a debit card, she can use that card to electronically deposit the check. I am forever amazed by what a bank ATM machine will accept and deposit into an account.

Hope this helps. If you think this post was helpful, please check the answer was a good answer tab below. Thanks. Mr. Geffen is licensed to practice law throughout the state of Texas with an office in Dallas. He is authorized to handle IRS matters throughout the United States and is licensed to practice in US Tax Court as well as The Court of Claims. This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.