What is a Letter of Delegation? We have a customer who is the independent executor for an estate account. He is legally blind and provided us with a Letter of Delegation that was executed in 2017, authorizing his attorney to be added as an agent on the estate account. The Letter of Delegation directs our bank to provide all account information requested by the agent and indicates that the agent will be able to handle all transactions related to the account, including the right to modify or close the account. Does this letter mean that the attorney can transact on the account, including writing checks and closing the account without the customer’s approval?

It appears that your customer is using the Letter of Delegation to convey his intent that his attorney be added as an authorized signer for the estate account, which appears to be permissible in this case.

Illinois recognizes two types of estate executors — independent and supervised. It appears that your customer is an independent executor (which your bank should be able to confirm by examining his letters of office, if you did not already do so at account opening). Illinois law expressly permits independent executors to engage agents to perform any task related to the administration of the estate.

Consequently, if your customer has presented letters of office demonstrating that he is indeed an independent executor, we believe that you may add the requested authorized signer to the account. We recommend following your bank’s procedures for adding an authorized signer, including having the attorney sign a signature card or other authorized signer agreement. Signature cards for authorized signers help tellers and other staff confirm an authorized signer’s signature, and they also may serve to define and limit an authorized signer’s authority. For example, if your bank does not wish the authorized signer to close the account without your customer’s consent, that limitation should be indicated in the authorized signer’s signature card or other agreement.

For resources related to our guidance, please see:

  • Illinois Probate Act, 755 ILCS 5/1-2.09 (“‘Independent administration’ means administration of a decedent’s estate pursuant to Article XXVIII.”)
     
  • Illinois Probate Act, 755 ILCS 5/28-8(g) (“An independent representative acting reasonably for the best interests of the estate has the powers granted in the will and the following powers, all exercisable without court order, except to the extent that the following powers are inconsistent with the will . . . . (g) To employ agents . . . to delegate to them the performance of any act of administration, whether or not discretionary . . .”)