Page 5 - Sonoma County Gazette - January 2018

LETTERS cont’d from page 4
The Uniform Statutory
Form Power of Attorney:
I just read this article on your website. One key issue that you did not address at all is that MANY banks will literally not follow a Durable Power of Attorney!
Jessica what you say is simply untrue. I don’t have the same experience as you and I don’t want to embarrass you further by giving my version in the public paper.
How Useful is It?
Regardless your good intentions, every day for years and years, you had a mess. In spite of your efforts
to bring a space that the community could enjoy, you didn’t notice or
care that your space was filthy. I know it’s tempting to be the victim, but what about me and the other neighbors who had to see this lack of consideration and respect everyday?
I have had massive problems dealing with my aunt’s accounts, especially at Bank of America. First, it took BofA weeks to review and approve the DPOA and even then they simply would not allow me to do things specifically called out in the DPOA. I should be able to do ANYTHING (listed in the DPOA) exactly as my aunt does, but BOFA says it is not their company policy to let me.
Horse trailer, garbage bags, piles of lumber, etc. And it’s not just you, Jessica, but what about the owners of the property.... Why didn’t they feel inclined to keep it clean as a leasing requirement?
Whereas it is my understanding that the California Statutory Form Power of Attorney says that they MUST allow me to do things exactly as if my aunt was doing them and specifies legal penalties if they fail to do so.
I worked extremely hard to be a homeowner in Sonoma County. Not easy for ANYONE, especially an only parent. I pay over $7,000. a year in property taxes. Every penny I earn at my 60-plus hours a week job goes into this house built over 100 years ago.
Also, as the Statutory Form POA
is a standard form so all legal departments will have already reviewed, so they should be able to VERY quickly approve its use as they don’t have to read through a long, custom POA document.
But you don’t think I have the
right to be upset when, for over 8 years, I drive home to see a mess? I wouldn’t make a mess in anyone’s neighborhood and not expect them to be upset.
I do not doubt that a custom DPOA may be better in many circumstances.
If you are really confused about
it, you are welcome to contact me directly rather than make false public statements.
I am just pointing out that the Statutory form has its own distinct advantages.
~ Jennifer Butler, Feeling Graton
I am not a lawyer, though I have been in business for 40+ years and negotiated many, many legal contracts.
Thank you so much for listing “Holiday on Florence” in your holiday shopping guide! We had visitors tell us they found us in the Gazette listing. Your paper is a local treasure! ~ Abby Bard, Sebastopol
I was simply appalled by BofA’s complete disregard of the DPOA language.
Thank you, Bryan Diehl
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