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I can't get into a safety deposit box because the documents do not specifically say access box. The bank has denied me access. I'm going to make an appointment with my attorney, but will there be a way around this? And, of course I can't find a key. My aunt tells me the only box she had, we went and emptied. Different bank, but same decision.. I wasn't allowed, but my aunt came with me and they let's us in. Now I don't want to drive her across state to drill into a box that may be empty.

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Is there a broad provision in the DPOA addressing access to any and all financial documentation? Or perhaps something like any and all authority to conduct financial transactions on her behalf?
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Hmmm.. There is a general grant of power, collection powers, real property, personal property, contract powers, banking powers (where it doesn't mention the box), tax returns, vehicles, empty agents, settlement powers, benefits power, legal action, dividend, vote stock, transfer stock, ss and government benefits, borrow, debts and expenses, investments, consent elections.. Third party reliance... Her previous DPOA did mention access to box.. But it was much older so she had this new one written up in 2014.
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Just curious - is there a specific reason you need to access the box? When I got my safety deposit box they made a big point of telling me getting into the box without the key would require special forms etc and for my beneficiaries/ POAs to access it without the key would require a court order...could be a lot of trouble that could be back-burnered if there is no immediate need to get inside the box. Just a thought.
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It's not necessary right now. But... They want to start charging $70 per year. That was how I found out it even existed. It might be one that was free to my aunt when she opened an account. Who knows.
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I'm going to approach this differently...
So when you & aunt went to box #1, it was empty, right?
And box #2 in another city hasn't been opened in forever, right?
You up for being hardball on this?

Based on what auntie has at her home & what her finances are, is it more than likely that box 2has just been sitting there empty since forever as well? Like auntie isn't missing her coin collection, or original will, or diamond jewelry or has bearer bonds (LOL).......if that the case & you feel confident that there's nothing in the box 2 to ever bother with...then I'd suggest that you as DPOA send the bank a certified letter with return registered card (about $8.00 at uspo) that box 2 was provided by bank as a waived fee benefit of being an account holder as per bank policy. I'd bet this bank has changed names over the years & that auntie told them she didn't want or need the box but all this has been lost by the new bank group that took over the old bank. State that aunt is not interested in maintaining the box as per change in policy and told bank that ages ago.

"free box rental" was done routinely for certain level of accounts back in the 1980's. So a lot of old big downtown banks now are stuck with floor space with vaults that very few use & it's not space easily converted.

The bank will do a drill out and if there is anything in the box, they will have to abide by state banking laws on property & state business requirements for dealing with unclaimed property. Whatever will escheat to the state and auntie or you will be able to recover it eventually. The state treasury dept gets all this and they will do notices in the paper on unclaimed property as well as state website. The banks & businesses are required to provide the information & items to the state. Just how done depends on your state laws.

box 2 bank wants someone to bill (your aunt) rather than do the compliance the state is asking of them is my guess as to why they are looking for auntie now. Often safe deposit boxes are total loss leaders for how banking is now done. Plus a lot if cities have private vault rental which are bigger to put in artwork or your tiffany lamp so more popular, the bank ones are never big enough....

Btw the last unclaimed property one in my state (Louisiana) was done at Lakeside Mall by the Treasury Dept and drew huge crowds with folks coming in with family documents, old poa, etc to show ownership or heirship as a lot of this was stuff finally at the 10 yr point of release from hurricane Katrina boxes & accounts.. Our state treasurer -Kennedy- has really been proactive in getting funds back to individuals & heirs, right now there's over 30M (yeah million) in unclaimed life insurance thats being worked on getting released. He totally gets my vote btw.
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Valuable ideas.. But, no the first box was not empty.. Not at all. My aunt was a jewelry store owner once apon a time. I'll let you fill in the rest...
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