needing some information about my power of attorney....?

Question

i have a general POA for my husband who is deployed. i am trying to sign an application for free complimentary $2,000 ADD coverage through our credit union. the CU is saying that they can't accept a POA. i have the legal aid office checking on this, but i won't get anywhere until at the earliest, monday.
any thoughts on the legality of this?
thank you.

Answer 1

The person at your credit union may be incurring civil liability for the credit union by failing to honor the power of attorney. In many states, the credit union could be sued.

Pennsylvania law is specific on this matter, 20 Consolidated Pennsylvania Statuttes, § 5608:

§ 5608. Liability.

(a) Third party liability.--Any person who is given instructions by an agent in accordance with the terms of a power of attorney shall comply with the instructions. Any person who without reasonable cause fails to comply with those instructions shall be subject to civil liability for any damages resulting from noncompliance. Reasonable cause under this subsection shall include, but not be limited to, a good faith report having been made by the third party to the local protective services agency regarding abuse, neglect, exploitation or abandonment pursuant to section 302 of the act of November 6, 1987 (P.L. 381, No. 79) known as the Older Adults Protective Services Act.

(b) Third party immunity.--Any person who acts in good faith reliance on a power of attorney shall incur no liability as a result of acting in accordance with the instructions of the agent.

-------------------

I do not know what state you live in, but you may have a similar law in your state of residence.

Answer 2

Nobody is obligated to accept a POA signature unless there is some specific law or regulation requiring them to. Why not just e-mail or fax him the form to sign & mail back to you?

Answer 3

You need to speak to someone other than the person you spoke to. Ask for someone in there legal office. For all intents and purposes you are your husband and can sign for him on any document that he would be able to.