POA Pilot
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This guide summarizes what institutions and California law publish. Rules change and every family is different. Talk to a California-licensed attorney before signing or relying on a power of attorney.

Common questions › What to do if a bank refuses a POA: California Probate Code § 4406

What to do if a bank refuses a POA: California Probate Code § 4406

Last verified 2026-10-17 against the official sources linked below.

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

  1. Confirm you have the statutory form. It is titled “Uniform Statutory Form Power of Attorney” and follows Probate Code § 4401.
  2. Confirm it was notarized. Under § 4402, the statutory form must be notarized; witnesses alone are not enough.
  3. Ask the bank for its reason in writing, and the name of the person who decided.
  4. Keep a log: dates, names, what you brought, and what they said. Our printable checklist has space for this.
  5. 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.
  6. 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.
  7. 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.

Official sources

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