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Financial Power of Attorney (POA)

A power of attorney (POA) is a written authorization by which a person (called the Principal) can appoint another person (called an Agent or Attorney-in-Fact) to act on their behalf on financial affairs or a legal matter. A power of attorney can either be durable (which means the Attorney-in-Fact can continue to act on the Principal’s behalf when the Principal is incapacitated) or non-durable (which means the Attorney-in-Fact cannot continue to act on the Principal’s behalf when the Principal is incapacitated). With respect to the scope of the Attorney-in-Fact’s powers, the power of attorney can either be a General Power of Attorney (which means except as otherwise provided by law, the Attorney-in-Fact can act on most matters for the Principal) or a Limited Power of Attorney (which means the Attorney-in-Fact’s authority is restricted to only act on the limited matters set forth in the power of attorney). A power of attorney can be effective upon its execution or at a later time when a designated event has occurred (for example, a power of attorney which only becomes effective upon the Principal’s incapacity is called a Springing Power of Attorney).

Each state has laws on (A) how a power of attorney must be executed in order for it to be a valid power of attorney, (B) powers that must be expressly granted to an Attorney-in-Fact before the Attorney-in-Fact can take certain actions (for example, naming a beneficiary on a bank account), (C) what language must be in the power of attorney to make it a durable power of attorney, (D) the duties of an Attorney-in-Fact to act in the best interests of the Principal, and (E) how the Principal can terminate the authority of the Attorney-in-Fact.

If you wish to appoint a person to act as your Attorney-in-Fact with respect to your Wells Fargo accounts (including loans), you may either sign the Wells Fargo Power of Attorney form (which only applies to Wells Fargo accounts you designate on the form) or present Wells Fargo with a power of attorney you have prepared and executed elsewhere. If you want to know more about what authority an Attorney-in-Fact has under the Wells Fargo Power of Attorney form or to obtain a form for completion, you can visit any Wells Fargo banking location. Wells Fargo will review a non-Wells Fargo power of attorney you or your Attorney-in-Fact may present to Wells Fargo in order to see if it was properly executed under governing state law and that your Attorney-in-Fact has the authority to undertake the transaction he/she wishes to perform.

If you want an Attorney-in-Fact to act on your behalf, it will be necessary for the Attorney-in-Fact to visit a Wells Fargo banking location so the Attorney-in-Fact can be identified (by presenting valid photo identification, such as an unexpired state-issued driver’s license or identification card, a military ID or a passport). Wells Fargo will retain a copy of the power of attorney and establish a profile for your Attorney-in-Fact. Once this process is completed, your Attorney-in-Fact will be able to act on your behalf to the extent of the authority you have given them over your Wells Fargo accounts. Until this process is completed, Wells Fargo will not be able to comply with any requests made by your Attorney-in-Fact.

Wells Fargo cannot provide you with legal advice concerning your Power of Attorney, including what authority to give your Attorney-in-Fact or who to appoint as your Attorney-in-Fact. You will need to refer any legal questions concerning your Power of Attorney to your legal advisor. Wells Fargo looks forward to working with you when you have made your decision to execute a Power of Attorney and appoint an Attorney-in-Fact as a person to act on your Wells Fargo accounts.