Short answer
California Probate Code § 4406 gives you leverage, but only for the official Uniform Statutory Form Power of Attorney. If a bank or other third party won't honor a properly signed statutory form POA within a reasonable time, you (the agent) can ask a court to order it to accept the POA. If the refusal was unreasonable, the court must award you attorney's fees.
Two details matter. A refusal is deemed unreasonable if the only reason is that the POA isn't on the bank's own form. But a refusal that a state or federal law or regulation allows or requires is not unreasonable.
Step by step
- Confirm you have the statutory form. It is titled “Uniform Statutory Form Power of Attorney” and follows Probate Code § 4401.
- Confirm it was notarized. Under § 4402, the statutory form must be notarized; witnesses alone are not enough.
- Ask the bank for its reason in writing, and the name of the person who decided.
- Keep a log: dates, names, what you brought, and what they said. Our printable checklist has space for this.
- If the only reason is “not our form,” you can point the bank to § 4406. Many banks also have an internal review team; ask for it.
- Talk to a California-licensed attorney before going to court. The law lets you sue to compel acceptance, and the court must award fees if the refusal was unreasonable.
- Remember: Social Security is different. A POA does not let you manage Social Security benefits; you need to be a representative payee.
Quick questions
Does Probate Code § 4406 apply to every power of attorney?
No. Section 4406 is about the California statutory form power of attorney. An attorney-drafted POA that is not the statutory form is not covered by that section.
Can I get my legal fees back if the bank refuses?
Under § 4406, if you sue to compel the bank and the court finds the refusal unreasonable, the court must award you attorney's fees. Ask an attorney whether your situation fits.