Under what conditions can a POA be denied?

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Under what conditions can a POA be denied?

I have been appointed as Power of Attorney for my elderly parents. We went to their bank to have the PA put on file and after obtaining my information, the bank refused to accept it stating that information came back on me through ChexSystems. Can they do that?

Asked on June 27, 2012 under Business Law, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, they cannot do that. The bank has no authority to deny a legally enforceable power of attorney.  If you have been convicted of something, that is different. If something came back on ChexSystems and it is something they did by conducting a background check, you need to indicate that you did not approve of the bank running your credit report and your parents need to demand the bank accept the POA.  Further, you need to file a consumer complaint against the regulatory agency who regulates your bank. Also check your credit report. If the ChexSystems shows something, you are entitled to your credit report from the bank.


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