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LegalCornerTM - Power Of Attorney F.A.Q.'s

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Q.What if the third party will not accept the Power of Attorney?

A.If the Power of Attorney was lawfully executed and it has not been revoked, suspended or terminated, a third party may be forced to accept the power of attorney, and the attorney-in-fact's authority to act on behalf of the principal.

However, it is reasonable for a third party to initially act with skepticism and to take some time to verify the validity of the power of attorney. Many states under their Uniform Commercial Code require financial institutions to do their best to determine that a power of attorney is legitimate and not fraudulent. Consequently most financial institutions will often want to have their own legal counsel review a power of attorney before honoring it.

The third party doesn't want to fall prey to a scam. They want to know the principal actually signed the power of attorney (that is wasn't forged), the principal was legally competent when the power of attorney was executed, that the principal is still alive, and that the power of attorney has not been revoked.

Consult a business law attorney If a third party refuses to honor a Power of Attorney, or unreasonably delays.




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