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#801609 - 08/23/07 08:41 PM
POD/POA
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10K Club
Joined: Oct 2006
Posts: 14,390
Cheeseheadland
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Need some Wisconsin help here folks -
In reading a couple of other posts has me thinking... where can I find, or which state statutes should I refer to see our state's rules regarding POA's on POD accounts, and their abilities to make changes, if any?
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#801667 - 08/23/07 09:21 PM
Re: POD/POA
#Just Jay
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Diamond Poster
Joined: Dec 2003
Posts: 1,338
Wisconsin
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Look at Chapter 705 of Wisconsin Statutes. I think this might help you.
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#801684 - 08/23/07 09:37 PM
Re: POD/POA
CSB98
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10K Club
Joined: Oct 2006
Posts: 14,390
Cheeseheadland
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Looks good - thanks!
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#1202610 - 06/17/09 04:54 PM
Re: POD/POA
#Just Jay
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100 Club
Joined: Jan 2009
Posts: 205
Packer Country
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One more question regarding POA making changes to a POD. We use the WBA Agent Designation for POA's. The POA wants to put himself as POD and remove the current POD. Is it stated anywhere that he can do this? He also has POA papers from an attorney that state he can make these types of changes, but we prefer to use our WBA forms. Thanks
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#1205144 - 06/22/09 03:28 PM
Re: POD/POA
Truffle Royale
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100 Club
Joined: Dec 2006
Posts: 105
WI
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We, too, prefer to have the WBA forms completed. This is because we want to be sure the durable POA language is present. If the customer is adamant they do not want to sign the WBA agreement, we have the tellers/CSRs elevate it to determine if the durable language is present or not.
Hockey - as a general rule, a POA does not have estate planning abilities, meaning they can not remove a current POD or name a new POD. The account owners are the only ones that have the power to designate and/or remove PODs.
I agree with TR, if he has a legal document stating he can make these types of changes...
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I'm not a lawyer and I don't play one on TV. My opinion is my own and does not constitute legal advice.
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#1207055 - 06/24/09 06:24 PM
Re: POD/POA
hmdagal
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100 Club
Joined: Jan 2009
Posts: 205
Packer Country
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That is the reason we ask for the WBA form. I understand the reason for accepting the one they present but then we run into; what if the names changed, what if their limits changes, or we don't understand the verbiage and now we need to bring in legal, etc. I can see both sides but like said above 'this has always been the recommended/safe approach' to keep us out of court. I would love to hear from others as to how they do it if they accept the attorney prepared POA documents. thanks
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#1207194 - 06/24/09 07:52 PM
Re: POD/POA
Truffle Royale
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100 Club
Joined: Jan 2009
Posts: 205
Packer Country
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Can anyone else tell me what they do or are recommended to do? How can the first attorney be held liabable if the copy we hold is 10 years old and the customer has had a new one written up by a new attorney that states it takes precedent over any/all previous ones?
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#1207639 - 06/25/09 02:31 PM
Re: POD/POA
Truffle Royale
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100 Club
Joined: Jan 2009
Posts: 205
Packer Country
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Let's try this, a customer of the bank has a CD with us for 100,000. They have given us the POA papers at account opening in 1990 which include Jane and Jo as POA's to be able to do any and everything including appoint/remove POD's. In 1999 Jo comes in and places his name as POD. The owner passes away in 2001. Jo comes in and takes the 100,000. Jane comes in a week later looking the CD as she is personal rep of the estate. We explain that Jo already took the monies because he was POD. Jane said that he didn't have authority to do this because in 1992 they made new POA documents which replaced the old ones. Now, I know that this would be one that could be fought because they didn't give us the new papers. Hence, the reason we want to stick with our forms where we know that it can't be changed unless they do a new form with us. Does that clear it up at all?
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