Guardianship Access

Guardianship documents allow the guardian access to a safe deposit box and the bank must receive the original Letters of Guardianship prior to accessing the box. When presented with guardianship documents, contact CMD at ext. 397100. Once CMD approves the guardianship documents, do the following:

1. Identify the client. Refer to Identification Verification Procedures.
2. Make a copy of the Letters of Guardianship and place it in the client file with the Safe Deposit Lease Contract.
3. The Safe Deposit Box (SDB) Associate and Officer must sign the Vault Entrance Log, record the box number, and record the client’s last name in the Comments section of the log.
4. Obtain the client file from the safe deposit storage cabinet.
   1. Review the file for any cautionary flags (for example: red thumbnails hanging on folders or special notes attached to the outside of the folder) that may indicate the box is past due or has restricted access due to the death of the renter. 
5. Complete the Access Card with the following information:
   1. Guardian signature
   2. Title and capacity in which the guardian is signing (for example: Joe Smith, Guardian of John Doe, Ward)
   3. Guardian’s Identification Number (ID)
   4. Time and date of entry
      • Stamped time and date - ensure the stamp is clear and does not validate other date/time entries
      • Handwritten time and date - must be written legibly by the associate assisting the client with entry into a box
   5. Associate initials
6. The Guardian must be accompanied by a Notary who is an SDB Associate and an Officer of the bank into the safe deposit box area.
7. The authorized SDB associate, who is also a notary, completes a Safe Deposit Box Inventory Record with the Guardian. 
   • The Guardian is required by state statute to inventory the box.
   • Choose ALABAMA/GEORGIA - Safe Deposit Box Inventory Record or FLORIDA - Safe Deposit Box Inventory Record accordingly.
8. The SDB inventory record is signed by the Officer and the Guardian and is notarized by the associate.
9. Nothing may be removed from the ward’s SDB without a specific court order. The Guardian must provide a court order for any further entries into the SDB.
10. Make a copy of the signed and notarized SDB Inventory Record and place a copy in the client file with the lease contract and access card.
11. Give the original SDB Inventory Record to the Guardian.

Power of Attorney (POA) Access

Power of Attorney (POA) documents allow the attorney-in-fact/agent access to a SDB. The POA documents must be reviewed to determine if SDB access is specifically included. The POA is required to fill out additional forms before being granted access to the box. See Power of Attorney Document Review for more information.

 Contact CMD at ext. 397100 for review and approval before proceeding.

1. Identify the client. Refer to Identification Verification Procedures.
2. Examine the original or a certified copy of the document and verify that the POA specifies that the agent is permitted to have access to the principal’s safe deposit box.
   • If additional guidance is required, contact CMD at ext. 397100
3. Determine if the POA is durable or non-durable and complete the appropriate POA affidavit. See Power of Attorney for more information on durable and non-durable POA's.
   • The agent or attorney-in-fact is required to execute under oath, in the presence of a notary, the Affidavit for Durable POA or the Affidavit for POA (Non-Durable) 
     • ALABAMA/GEORGIA - Affidavit for Durable Power of Attorney
     • FLORIDA - Affidavit for Durable Power of Attorney
4. Do not accept the POA if it requires us to monitor the activity in the SDB or the POA is not notarized.
5. Once the POA documents have been reviewed and accepted, do the following:
   1. The SDB Associate and Officer sign the Vault Entrance Log, record the box number, and record the client’s last name in the Comments section of the log.
   2. Obtain the client file from the safe deposit storage cabinet.
      1. Review the file for any cautionary flags (for example: red thumbnails hanging on folders or special notes attached to the outside of the folder) that may indicate the box is past due or has restricted access due to the death of the renter. 
   3. Complete the Access Card with the following information:
      1. Agent/attorney-in-fact signature on behalf of the principal as follows:
         • Client's name, name of Agent, name of Attorney-in-fact or POA
           • John Doe, by Mary Smith, Attorney-in-fact
           • John Doe, by Mary Smith, POA
      2.  Attorney-in-fact or POA Identification Number(ID)
      3. Time and date of entry
         • Stamped time and date - ensure the stamp is clear and does not validate other date/time entries
         • Handwritten time and date - must be written legibly by the associate assisting the client with entry into a box.
      4. Associate initials
6. A copy of the original POA, the completed, notarized affidavit signed by the agent, and the notarized declaration of event/occurrence (if applicable) must be maintained in the client file with the Access Card and the Safe Deposit Lease Contract.

Deputy Access

In the state of Florida, a SDB contract may have a deputy listed. Capital City Bank (CCB) does not permit any new deputy appointments; however existing deputy appointments are honored. Review the SDB lease contract to determine if a deputy is listed. If additional guidance is required, contact CMD at ext. 397100.

The deputy has the following authority with respect to the SDB:

• Enter the SDB at any time, up to the time of death
• Deposit any item in the SDB other than deputy's own personal property (which we cannot monitor or enforce)
• Remove any or all of the items from the SDB
• Cancel the SDB lease at any time
• Exchange or surrender the SDB at any time
• Do anything else with this SDB that the client/tenant may do, except appoint another deputy

The deputy does NOT have the authority to do any of the following:

• Place deputy's own personal property in the SDB
• Appoint another deputy
• Grant a POA to another to act as deputy
• Cancel the appointment of any other deputy
• Gain access to the box after the death of all of the client(s), provided the bank has knowledge of the deaths

The authority of a deputy ends as soon as the bank has knowledge of any of the following events:

• Any client revokes the appointment by completing the revocation section of the Safe Deposit Lease Contract
• All client(s) listed on the SDB lease contract are deceased
• All client(s) are declared incompetent
• Any client declares bankruptcy
• The deputy is declared incompetent
• The deputy is deceased (the deputies authority does not pass to his heirs, or a Personal Representative)
• The deputy declares bankruptcy

Non-CCB Personnel Access

The SDB area may be accessed by non-CCB personnel for reasons including:

• Locksmith / box drilling
• Cleaning
• Maintenance

All operations by non-CCB personnel must be handled during normal business hours of operation. The associate and the non-CCB personnel must sign the Vault Entrance Log to record their access into the SDB area. Associates must remain in the SDB area with the non-CCB personnel for the entire time they are present in the SDB area. Note: DO NOT leave non-CCB personnel alone in the vault.