NSW retrieve POA bank agreement

Discussion in 'Wills and Estate Planning Law Forum' started by Esperer, 9 September 2019.

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  1. Esperer

    Esperer Well-Known Member

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    Hi,

    I would like to get a copy of my POA bank agreement processed in Nov 2018. The bank said it might take a while to retrieve the information & a solicitor might have a faster access to the information. How does a solicitor gain access to it and what is the turnaround?

    Thank you
     
  2. Perp

    Perp Well-Known Member

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    I don't understand... are you the attorney, or the principal? Why don't you have a copy of it?

    In either case, yes, the solicitor who prepared it is the appropriate person to ask.
     
  3. Esperer

    Esperer Well-Known Member

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    It was a bank POA agreement for my account processed without my knowledge/presence. The bank staff not the solicitor prepared it.
     
  4. Perp

    Perp Well-Known Member

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    I'd need more details, but this doesn't sound right. How do you know that it exists if you didn't know about it? You can't have a valid PoA in such circumstances.

    Are you under an adult guardian because of mental incapacity or substance addiction or something like that?

    Is it truly a PoA or is it an authority to be a signatory on your account?
     
  5. Esperer

    Esperer Well-Known Member

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    No, I am a normal adult. The POA told me and monitored my funds. The bank also confirmed that the POA agreement exists.
     
  6. Perp

    Perp Well-Known Member

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    It sounds like perhaps it's a general power of attorney granted under the conditions of a mortgage or commercial lease, in which case, you would have signed agreeing to it, just possibly without noticing / remembering.
     
  7. Esperer

    Esperer Well-Known Member

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    No, it is a bank POA for my savings account. It was done without my consent & I made a complaint to the bank.
     
  8. Perp

    Perp Well-Known Member

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    I know you say it gives them control over your savings account. What I'm saying is that they generally gain that power when you enter into a mortgage (for example). Are you saying that you have no other accounts or relationship with the bank at all?
     
  9. Esperer

    Esperer Well-Known Member

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    Correct. Nothing except savings accounts
     
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