FORT LAUDERDALE, FL, October 01, 2025 /24-7PressRelease/ -- A lawsuit filed in Florida's Seventeenth Judicial Circuit (**Case No. CACE-25-012403**) accuses Merrill, a division of Bank of America, of knowingly obstructing a lawful Power of Attorney request while an 85-year-old woman lay dying from aggressive brain cancer.
The lawsuit alleges this decision robbed her of the ability to access her own assets and ensure her final wishes were fulfilled. Filed by Paul Berman, son of the deceased and the named agent under the Florida Power of Attorney, the complaint claims Merrill's representatives ignored repeated urgent pleas for assistance, demanded unnecessary paperwork not authorized by statute, and ultimately allowed a woman to die without access to her life savings โ despite full legal compliance with Florida law.
"My mother was dying and in pain. I begged Merrill to honor a fully valid Power of Attorney so we could pay for her care. They ignored me. They ignored her," Berman said.
The complaint cites multiple unanswered phone calls, a fax transmission confirmed by third-party receipt that Merrill claimed it never received, and a subsequent document upload acknowledged by Merrill โ only for the company to declare that it "did not meet internal policy," without citing any authority under Florida law. Statutory Violations Merrill's refusal allegedly continued in violation of Florida Statute ยง 709.2120, which requires financial institutions to either accept or reject a Power of Attorney within four business days, and to provide specific written reasons for any denial The complaint also highlights that the statute explicitly prohibits a third party from creating additional Power of Attorney forms โ yet Merrill boldly acknowledged that this is exactly what they required, in direct conflict with Florida law.
Aftermath According to the complaint, after Lois Berman passed away, Merrill sent a letter practically boasting that they had refused to give her son access to her funds. The letter ignored the reality that all he had done was request enforcement of a fully valid Power of Attorney under Florida law. Legal Action The lawsuit seeks damages for breach of duty, negligence, and statutory violations, while also raising concerns about a broader pattern of abuse by Merrill and its parent company, Bank of America.
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