The Silence of the Tyrolean Bar Association

Requesting information on the legal regulations of bank authorizations and EU insolvencies.

(2017)

Dear Sir or Madam,

Through a government website in Tyrol, I received information that I can direct the following question to you:

1. Question

Originally, I had joint accounts with my then-husband, including at UniCredit Bank Austria in Innsbruck. Our bank advisor was aware that we had agreed on a notarized separation of property since 2006. This document was in his possession. When I discovered in 2009 that my then-husband had engaged in reckless stock speculations, I went to the bank and separated the accounts. I had a serious conversation with the bank advisor, informed him that my marriage was currently in crisis (the divorce had already been filed), and opened my own account and safe deposit box, to which my then-husband had no rights.
A few weeks later, in xxx 2009, my then-husband presented an ‘informal’ alleged general power of attorney to the same bank advisor and changed my valid address on file at the bank to ‘currently undeliverable’. Since my eldest child (then x years old) was diagnosed with a life-threatening condition in xxx, I did not notice this during that difficult time. As a result, the automatic control through regular sending of account statements was discontinued. With this alleged power of attorney, my then-husband not only accessed my safe deposit box but also systematically emptied this account. That is, no ongoing expenses were covered, but money was exclusively transferred to his account. In the end, he even closed the account and the safe deposit box with this power of attorney that did not originate from me.
My question is: Is an informal bank power of attorney valid, especially given the bank’s knowledge of a notarized separation of property, marital difficulties, and a conversation about the difficult marriage that took place just 6-8 weeks prior? Should the bank have only accepted the power of attorney if:
a) it was filled out on-site at the bank by me,
b) the signature was performed at a notary, or at least,
c) it was presented by me personally (and not by my then-husband)?
The bank advisor Mr. xxx did not even deem it necessary to call me to inform me about the submission of a general power of attorney. Did the bank act grossly negligently here?

2. Question

Later, I also discovered that my then-husband had lied to me and was not working in England as he had told his family, but was actually undergoing bankruptcy proceedings in London. My then-husband had engaged in stock speculations amounting to several xxx xxx Euros during his insolvency. He also used credit cards.
There is a European central register for insolvency proceedings. It is evident that my then-husband committed a crime here, as he was obligated to report his assets in Austria to the bankruptcy trustee in London. I now have the strict regulations for personal insolvency proceedings in the UK, as well as the case number of the insolvency proceedings, the bankruptcy trustee, and the exact dates.
He failed to do so, as otherwise, at least half of the assets would have been subject to seizure. To what extent can the bank be held liable here? At least half of the money in the account was blocked due to the notarized separation of property. The stock transactions by my then-husband should not have been allowed to occur.

I would be very grateful for a prompt response.

I never received a response.