Part 1: Safe Deposit Box Deputy and Power of Attorney (POA) Issues
This first installment in this 2-part safe deposit training covers various POA issues that should be understood by safe deposit personnel. It explains the differences between a POA and the appointment of a deputy on a rented safe deposit box.
The training focuses on the following:
-
POA Fundamentals
- Purpose of POA form
- Principal
- Attorney in Fact
- Agent
- Agent Duties
- Principal Rights
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Types of POA Forms
- Durable General POA
- Non-Durable General POA
- “Springing” General POA
-
Important Observations
- Revocation of Previous POA by New POA
- Durable POA in Force Until Death of Principal or Termination
- Action if More than One Agent
- Option to Designate Monitor(s)
- “Hold Harmless” Paragraph
POA forms differ by state. The comprehensive New York State form will be used in order to review the key parts of the Uniform POA form. All safe deposit personnel should be familiar with their own state POA form which will include the POA fundamentals and important observations covered in this webinar. State forms, however, may contain certain peculiarities.
The take away for this safe deposit webinar is that safe deposit staff will become familiar with all important aspects of the POA.
Part 2: Safe Deposit Box Decedent Renter Issues
This 2nd installment of safe deposit legal issues addresses issues related to:
- Documentation of the death notification
- Sealing the decedent’s box
- Temporarily denying access
This training will also discuss in detail the following topics:
- Will search orders
- Inventory taking at the Will search access
- What to do if a Will is found?
- Empty box procedures
- Release of contents requirements
- Letters testamentary
- Letters of administration
- Preliminary letters
When a box renter dies the bank must be especially careful about access to the box of the decedent, particularly at the time of a will search order.