James suffered a severe stroke and was completing his physical rehabilitation at Magee Rehabilitation Hospital. The Legal Clinic for the Disabled (LCD) has a medical-legal partnership at Magee and while he was in-patient, James requested legal assistance from LCD. Prior to the stroke, James managed his own finances and decision-making but now found his physical limitations made it very difficult to manage even his daily personal needs. He required assistance with dressing and transferring to and from his wheelchair. James handled the family's bills and expenses with a bank account held solely in his name. As a result, his wife could not access these funds without proper authorization. An LCD attorney met with James and executed a financial power of attorney designating his wife as his agent. With the power of attorney completed, his wife now had the authority to access his account to manage the family's bills and finances.

A few weeks later, James' wife called LCD because the bank had refused to accept the power of attorney. The LCD attorney contacted the bank's attorneys but was stonewalled and unable to get any answers as to why the power of attorney was unacceptable. Eventually, after a long discussion regarding the statutory Pennsylvania requirements of a power of attorney, the LCD attorney convinced the branch to accept the power of attorney. Between the time of the denial and the time the power of attorney was finally accepted, James' family experienced significant stress. They spent valuable time resolving a problem that should not have occurred in the first place instead of focusing on supporting James during his recovery.

Unfortunately, James' case is not uncommon. For many families, a catastrophic event or sudden illness makes obtaining powers of attorney an immediate necessity. Prior to injury and illness, most individuals—even those who acknowledge the importance of having a power of attorney—do not always have this planning document in place. This creates a complicated situation for families navigating a medical crisis while facing the need for advanced planning. LCD clients have repeatedly reported that banks often turn away valid powers of attorney and require individuals to execute bank-specific authorizations. The uncertainty of whether a third party will accept a power of attorney adds another layer of complexity at a time that is already stressful and unsettling. In addition, the seemingly simple requirement of getting to the bank to execute the additional documents may prove to be prohibitive for individuals recovering from sudden catastrophic injuries or illnesses.