Complaint Review: Bank Of America - Charlotte North Carolina

The POA was never notarized and I am informed by another member of staff, in writing, that there never has been a POA on my account! However, if that same employee had checked my account she would have seen that there was indeed a POA put on my account. BOA's own procedure for a POA is that when received it has to have been notarized, it then goes to their legal department and they confirm whether or not it can be permitted. None of this happened. I typed and signed a two line note to the then manager of my branch and asked him to put it on, which he did. Not notarization, no legal department. I am also well aware that in a divorce proceeding he is entitled to have this information, at the right time and through the correct channels. That does not make what BOA and their staff did right. I have the right to expect my privacy and security with a major banking organisation to be safe, it was not.

Here's the thing. You were apparently trying to prevent your estranged husband from being able to obtain records of your finances. In the context of a divorce proceeding, he is entitled to this information. How he was able to get the information is a mystery. Maybe the bank officials handed it over against your instructions. But even if that was the case, your ex would have been able to obtain this info by subpoena anyways. And he most certainly would have done so if necessary. Beyond that, even as you revoked your husband's power of attorney, he may still be entitled to the records for the time during which the POA was valid. His POA put him in a position of a fiduciary, meaning that he owed certain duties to you. The law may allow him access to this information even against your wishes, because he SHOULD have records of what he did while he had the POA. Further, if there was a chance that you were going to allege malfeasance, he needs those records to defend himself. But you may well be right that BOA violated your privacy rights. And that most certainly is bad business practice. But nothing was done with your account that wouldn't have happened anyways, and there's no reason to think that anybody can come in off the street and get copies of your sensitive financial information.

Here's the thing. You were apparently trying to prevent your estranged husband from being able to obtain records of your finances. In the context of a divorce proceeding, he is entitled to this information. How he was able to get the information is a mystery. Maybe the bank officials handed it over against your instructions. But even if that was the case, your ex would have been able to obtain this info by subpoena anyways. And he most certainly would have done so if necessary. Beyond that, even as you revoked your husband's power of attorney, he may still be entitled to the records for the time during which the POA was valid. His POA put him in a position of a fiduciary, meaning that he owed certain duties to you. The law may allow him access to this information even against your wishes, because he SHOULD have records of what he did while he had the POA. Further, if there was a chance that you were going to allege malfeasance, he needs those records to defend himself. But you may well be right that BOA violated your privacy rights. And that most certainly is bad business practice. But nothing was done with your account that wouldn't have happened anyways, and there's no reason to think that anybody can come in off the street and get copies of your sensitive financial information.

Here's the thing. You were apparently trying to prevent your estranged husband from being able to obtain records of your finances. In the context of a divorce proceeding, he is entitled to this information. How he was able to get the information is a mystery. Maybe the bank officials handed it over against your instructions. But even if that was the case, your ex would have been able to obtain this info by subpoena anyways. And he most certainly would have done so if necessary. Beyond that, even as you revoked your husband's power of attorney, he may still be entitled to the records for the time during which the POA was valid. His POA put him in a position of a fiduciary, meaning that he owed certain duties to you. The law may allow him access to this information even against your wishes, because he SHOULD have records of what he did while he had the POA. Further, if there was a chance that you were going to allege malfeasance, he needs those records to defend himself. But you may well be right that BOA violated your privacy rights. And that most certainly is bad business practice. But nothing was done with your account that wouldn't have happened anyways, and there's no reason to think that anybody can come in off the street and get copies of your sensitive financial information.

Here's the thing. You were apparently trying to prevent your estranged husband from being able to obtain records of your finances. In the context of a divorce proceeding, he is entitled to this information. How he was able to get the information is a mystery. Maybe the bank officials handed it over against your instructions. But even if that was the case, your ex would have been able to obtain this info by subpoena anyways. And he most certainly would have done so if necessary. Beyond that, even as you revoked your husband's power of attorney, he may still be entitled to the records for the time during which the POA was valid. His POA put him in a position of a fiduciary, meaning that he owed certain duties to you. The law may allow him access to this information even against your wishes, because he SHOULD have records of what he did while he had the POA. Further, if there was a chance that you were going to allege malfeasance, he needs those records to defend himself. But you may well be right that BOA violated your privacy rights. And that most certainly is bad business practice. But nothing was done with your account that wouldn't have happened anyways, and there's no reason to think that anybody can come in off the street and get copies of your sensitive financial information.

from the Florida bar website (((link redacted))) on POA: "What is the procedure for a principal to revoke a Power of Attorney? Written notice must be served on the attorney-in-fact and any other party who might rely on the power. The notice must be served either by any form of mail that requires a signed receipt or by certain approved methods of personal delivery. Special rules exist for serving notice of revocation on banks and other financial institutions. Consult with your lawyer to be sure proper procedures are followed." CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.