This credit union has a legal department that approved the Power of Attorney that I hold for my…read moreelderly mother who has dementia. When I tried to use it to pay her expenses, they claim she called and wanted to revoke her POA over the phone. We know this was not possible since my mother was in the hospital due to an accident and unable to call anyone the day of this claim. Not to mention that Louisiana does not allow a POA to be revoked over the phone, via fax, text, or email. Such documents are put in place to assist the elderly long before such events occur. They are causing financial harm to my parent and violating Louisiana Law. Several hospitals, physicians, the Social Security Administration, LASERS retirement system, other banking institutions, and extended care facilities have recently acknowledged the validity of the POA. This is SHAMEFUL. Her monthly deposits at La Cap Federal Credit Union have already been redirected to another bank with this Power of Attorney. La Cap Federal Credit Union has stolen my mother's funds in her account. I should not have to pay an attorney to have them comply with Louisiana State Law and unfreeze the funds remaining in her account.
Rev Stat § 6:311.1RS 6:311.1 - Powers of attorney, procuration, and mandate; written notice of revocation
A.(1) Notwithstanding any provision of law to the contrary, any federally insured financial institution presented with an original or certified true copy of a power of attorney, procuration, or mandate that is sufficient to authorize the named agent, representative, or mandatary to transact business in a deposit account, with a certificate of deposit, or with other funds on deposit, or sufficient to authorize access to a safe deposit box, may rely on the authority designated in the power of attorney, procuration, or mandate as being in full force and effect, unless an officer of the federally insured financial institution receives written notice that the power of attorney, procuration, or mandate has been revoked, modified, or terminated, and the institution has had reasonable opportunity to act on it.(2) For the purposes of this Section, "written notice" shall mean a court order or other writing indicating that the power of attorney, procuration, or mandate has been revoked, modified or terminated, including a termination pursuant to Civil Code Article 3024.B. A federally insured financial institution shall not be liable for transactions or activity by an agent, representative, or mandatary occurring prior to the receipt of written notice and a reasonable opportunity to act on it.
Acts 2012, No. 323, §1; Acts 2014, No. 356, §3.
