ALL Power of Attorney (POA) documents presented for consumer and business accounts, and for loans (Florida/Georgia) less than $1,000,000 must be reviewed by Call Me Direct (CMD) before taking any action.
Florida Statutes provides that a decision to accept or reject a Power of Attorney is to be made within no more 4 business days of receiving the document for review if the POA expressly contains authority for conducting banking transactions.
Note: The Principal must be an established CCB client. Contact Call Me Direct at ext. 397100 for any questions.
- Scan and email all documents to _Call Me Direct to review.
- Call Me Direct reviews the documents and takes one of the following actions:
- Approves the account opening or change
- Denies the account opening or change
See Power of Attorney Document Review - Accounts or Power of Attorney - Loans for additional information regarding the POA Document Review processes.
Click on each tab for information on Power of Attorney.
Definition
A power of attorney (POA) is a legal document giving one or more than one person (the agent or attorney-in-fact) the authority to act for another person (the principal). The attorney-in-fact or agent(s) can have broad authority or limited authority to make legal decisions about the property, finances or medical care of the principal. In Florida, Alabama, and Georgia, multiple agents can act independently unless the POA document states otherwise. A power of attorney ceases upon the death of the principal.
The agent(s) perform certain acts (for example: opening and/or closing accounts, writing checks, withdrawal of funds, transfer of funds) as specified in the POA document. Associates must ensure the power of attorney documents address the type of banking transaction being requested.
Capital City Bank limits POA access to online banking to view only rights and does not allow bill pay access.
POA Types
A durable power of attorney remains in effect even if the principal becomes incapacitated. A durable power of attorney can be exercised on the date that the legal document is signed.
A non-durable power of attorney automatically terminates upon the principal’s incapacity.
A power of attorney, whether durable or non-durable, can cover a wide range of authority for the attorney-in-fact to exercise all powers necessary to transact the business of the principal. Other power of attorney documents are more specific and contain a list of transactions the attorney-in-fact is authorized to handle for the principal. Associates must ensure the power of attorney documents address the type of banking transaction being requested.
A power of attorney ceases upon the death of the principal.
POA Documents - State Requirements
All power of attorney documents must be reviewed for specific verbiage or statutes pertaining to the rights being granted to the attorney-in-fact. You cannot rely solely on the title of the legal documents to determine the type of POA or the rights granted therein.
ALL legal documents for POA accounts MUST be reviewed by Call Me Direct (CMD) for approval before proceeding with opening or revising an account.
- Scan and email all documents to _Call Me Direct to review.
- Call Me Direct reviews the documents and takes one of the following actions:
- Approves the account opening or change
- Denies the account opening or change
The following chart lists the state requirements for power of attorney documents.
| State | Durable | Non-durable |
|---|---|---|
| Florida |
Must contain verbiage similar to the following: “This durable Power of Attorney is not affected by subsequent incapacity of the principal except as provided in §709.08, Florida Statues.” |
Does not contain words or similar words as described for a durable Power of Attorney. |
| Georgia | Unless expressly stated otherwise, is not terminated by the incompetency or incapacity of the principal. | Expressly provides that it is terminated by the incompetency or incapacity of the principal. |
| Alabama | A POA executed after January 1, 2012 is a durable POA unless it expressly provides otherwise. | A non-durable Power of Attorney must expressly provide that it is not durable. |
POA Signature and Notary Requirements
Power of Attorney documents must be properly executed (signed) by the principal and witnesses. In addition to all other state requirements, Capital City Bank requires all power of attorney documents to be notarized.
ALL legal documents for POA accounts MUST be reviewed by Call Me Direct (CMD) for approval before proceeding with opening or revising an account.
- Scan and email all documents to _Call Me Direct to review.
- Call Me Direct reviews the documents and takes one of the following actions:
- Approves the account opening or change
- Denies the account opening or change
The following table lists the requirements by state to execute power of attorney documents.
| Florida | Georgia | Alabama |
|---|---|---|
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