How many of you allow a Probate Code section 5204 special power of attorney (for accounts and/or safe deposit boxes) to be executed outside the bank and mailed in?
If so, how do you satisfy the "convincing proof" requirement at 5204(g)? (I know that section 4751 referred to has been revised, but it was basically our CIP requirements.)
Thanks!

Bump.

"(g) For the purposes of subdivision (f), "convincing evidence" requires both of the following:
(1) Reasonable reliance on a document that satisfies the
requirement of Section 4751.
(2) The absence of any information, evidence, or other
circumstances that would lead a reasonable person to believe that the person signing the power of attorney as principal is not the individual he or she claims to be."

Some of the Probate practice guides point to Civ. Code Section 1185 for purposes of identification though they also suggest banks keep blank POAs on hand for execution in-house. Your best bet is to obtain a formal legal opinion on the matter. If you belong to BCG I'd suggest you discuss with Eric or Bob.