Where can I cash my husbands check with a durable power of attorney?

Question

I live in houston, tx and my husband went to jail. I have a notarized durable power of attorney but the bank will not let me deposit his check in my bank because he doesn't sign on my account. He doesn't have a bank account. What can I do? He needs this money to post bail or get an attorney.

Answer 1

Take your business elsewhere. You have a notarized power of attorney which should serve in lieu of his signature. If your bank won't honor it, switch to a bank that will.

Answer 2

It would be legal for the bank to accept it, but no law forces them to do so.

Your best bet is "probably" to take the check, plus the actual signed power of attorney, to the bank on which the check is written, and cash it. Then you can deposit the check into your own bank.

Alternatively, have you tried just depositing the check into your bank through the ATM machine and not going through the semi-literate teenager at the counter at all?

Richard

Answer 3

Hire an attorney. Have the attorney go see him in jail and get him to endorse the check. Then, the attorney can deposit it in his escrow account, and sign over a balance to you (if there is one), or he can return it to you. Once it has been endorsed by your husband, you can deposit it in your account, but you'll have to wait for it to clear before you have access to the funds. Once you have access, then you can bail out your husband.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 4

I'd go to an attorney's office and say....hey if you can cash this...you've got the job. Kill two birds with one stone.