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Powers of Attorney In-Depth: Good Faith, Fraud & Fiduciary Capacity

Jul 20 2:00 PM - Jul 20, 2022 3:30 PM
Jul 20, 2022 2:00 PM - 3:30 PM
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Powers of attorney are complex legal documents that can wield a broad array of authority. Your team must be conversant with POAs, be alert for fraud and good faith issues – and know when to seek legal counsel. With so much at stake, this timely program is a must!

Learning Objectives

  • Distinguish among the various types of power of attorney documents (durable, springing, limited, military, etc.) and when they can be used
  • Understand the fiduciary duties owed by the attorney-in-fact and what actions he/she can and cannot take
  • Explain the difference between an attorney-in-fact, a representative payee, and an authorized or convenience signer
  • Recognize the red flag indicators of possible fraud by the attorney-in-fact
  • Realize when your institution can be held liable even when the attorney-in-fact acted in good faith
  • Take steps to reduce risk of loss from powers of attorney

Powers of attorney are used to transact business with your financial institution daily. If each situation isn’t handled properly, your institution can be exposed to significant risks of loss if the attorney-in-fact intentionally (or innocently) acts outside the scope of his/her authority. Dealing with the attorney-in-fact is substantially different from dealing with the actual accountholder. This webinar will explain everything you need to know when dealing with powers of attorney.



Elizabeth Fast, JD & CPA, Spencer Fane LLP

Elizabeth Fast is a partner with Spencer Fane 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. 




Your registration includes unlimited locations, making it easier to share and learn with remote staff.

Please note: You may share the link with others at your credit union, however the confirmation will be sent to one primary contact at your credit union. It will be up to the primary contact to share the material with others.

Additional Info

Event Type

On-Demand Webinar

Topics Covered

  • On-Demand Webinars
  • Lending & Collections
  • Fraud, Security & Technology
  • Compliance