Although both co-lessors appear to have consented to this arrangement, you still should review the underlying safe deposit box agreement to determine whether there are any provisions that might be relevant in this situation (for example, whether the agreement requires that all lessees be present when opening the safe deposit box).

We also should note that you are not required to honor any claim to control a safe deposit box by anyone other than the lessees of the deposit box without a court order. A designation of authority from the husband to his attorney regarding the safety deposit box is not a court order. However, this rule is discretionary, and we believe that you can honor the couple’s request if you so choose.

For resources related to our guidance, please see:

• Adverse Claims to Deposit Accounts Act, 205 ILCS 700/15 (“In the absence of a court order or indemnity bond as required by this Act, a financial institution shall not be required to recognize any claim to, or any claim of authority to, exercise control over a deposit account held by the financial institution made by a person other than the depositor.”)

• Adverse Claims to Deposit Accounts Act, 205 ILCS 700/5 (The term “deposit account” includes “property held in safe-deposit whether by the financial institution or in a safe-deposit box or other leased receptacle.”)