Powers of attorney and living trust agreements are complex legal documents used to transact business with your financial institution daily. If not handled properly, they can expose your institution to significant risk. This webinar will explain everything you need to know about powers of attorney and living trusts involving deposit accounts and loan transactions. Join us to learn about opening living trust accounts, including account documentation and authorization requirements. Lending to living trusts, including loan documentation and perfection of security interests in trust property, will also be covered.
- Various types of power of attorney documents – durable, springing, limited, military, etc. – and when they can be used
- Differences between an attorney in fact, representative payee, and an authorized or convenience signer
- Actions the attorney in fact and trustee can and cannot take on behalf of an accountholder
- Who can sign for the living trust and must all trustees sign the account and/or loan documents?
- How to reduce risk of loss from powers of attorney and living trusts
- TAKE-AWAY TOOLKIT
- Items to request when opening a deposit account for a living trust
- Items to request when lending to a living trust
- List of important questions to ask when accepting a power of attorney
- Employee training log
- Quiz to measure staff learning and a separate answer key
WHO SHOULD ATTEND?
This informative session will be useful to both deposit and loan operations staff. It will benefit new accounts personnel, loan documentation staff, loan officers, tellers, attorneys, compliance personnel, auditors, and managers.
SPEAKER: Elizabeth Fast, Spencer Fane LLP
Elizabeth Fast is a partner with Spencer Fane Britt & Browne LLP where she specializes in the representation of financial institutions. Elizabeth is the head of the firm’s training division. She received her law degree from the University of Kansas and her undergraduate degree from Pittsburg State University. In addition, she has a Master of Business Administration degree and she is a Certified Public Accountant. Before joining Spencer Fane, she was General Counsel, Senior Vice President, and Corporate Secretary of a $9 billion bank with more than 130 branches, where she managed all legal, regulatory, and compliance functions. She is a member of the Missouri State Banking Board by appointment of the Governor.