ALL legal documents for POA accounts MUST be reviewed by Call Me Direct (CMD) for approval before proceeding with opening or revising an account.
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 a 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 POA 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 POA documents address the type of banking transaction being requested.
POA Document Review
ALL legal documents for POA accounts MUST be reviewed by Call Me Direct (CMD) for approval before proceeding with opening or revising an account. If the documents are approved, CMD completes a Document Review Coversheet and emails the associate opening/revising the account.
When presented with POA documents, do the following:
- Inform the client of the document review requirements and advise that transaction processing time may be delayed by this process
- Ask the client what type of transaction(s) is requested.
- Determine if the POA is being presented on behalf of an existing client or principal.
- Review the principal’s account relationship and check his/her signature on the POA by comparing it to the signature card on file.
- Note: CCB will not open a new account for a non-client at the request of a POA. If the principal is not an existing client and the agent is requesting a new account, contact CMD before proceeding.
- Review the principal’s account relationship and check his/her signature on the POA by comparing it to the signature card on file.
- 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.
- If the documents are approved, CMD completes a Document Review Coversheet and emails the associate opening/revising the account.
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The Document Review Coversheet from CMD MUST be imaged with account documents.
- Note: MUST have account number written in the top right corner.
- Denies the account opening or change.
- The CMD associate will prepare a decline letter for Florida Power of Attorney declines and send it to the office associate.
- Other state decline reasons will be stated either in the call or in an e-mail from CMD to the associate.
- The office associate must input their name and phone number, print the letter, and provide the letter to the client.
- The CMD associate will prepare a decline letter for Florida Power of Attorney declines and send it to the office associate.
- Approves the account opening or change.
Note: The below requests are unusual and should be handled carefully with the assistance of Call Me Direct (CMD):
- Control of a business account
- Control of a fiduciary account
- Control of a joint account
- Adding name as owner or joint owner on the principal's account
- Changing the pay-on-death beneficiary on principal's account
POA Affidavit
Once the POA document has been approved and accepted by CMD (type determined, executed properly, authorizes requested transaction), the agent or attorney-in-fact is required to execute under oath, in the presence of a notary, the Affidavit for Durable POA (FL, GA/AL) or the Affidavit for POA (Non-Durable) (FL, GA/AL).
The affidavit must be executed when:
- The POA is initially presented and accepted.
- A new Signature Card is executed with the attorney-in-fact's signature.
- A transaction request is accepted if the attorney-in-fact has not signed the Signature Card.
See Power of Attorney Signature Requirements for more information.