“She Died While Merrill Delayed”: Grieving Son Sues Bank of America Division for Blocking Power of Attorney During 85-Year-Old Dying Mother’s Final Days

BROWARD COUNTY, FL – September 21, 2025 — A lawsuit filed in Florida’s Seventeenth Judicial Circuit (Case No. CACE-25-012403) accuses Merrill, a division of Bank of America, of violating Florida’s Power of Attorney statutes and, as a result, preventing Paul Berman from using his mother’s funds to pay for her urgent medical care. The complaint states that his 85-year-old mother, who was battling aggressive brain cancer, required treatment costing more than $5,000 a week — expenses not covered by Medicare or other insurance — yet Merrill’s refusal left her without access to her own money during her final days.

Filed by her son Paul Berman, the complaint alleges Merrill ignored repeated urgent pleas for assistance, demanded paperwork not authorized by Florida law, and ultimately allowed his mother to die without access to her life savings despite his full legal compliance. Florida Statute § 709.2120 requires financial institutions to accept or reject a Power of Attorney within four business days and provide specific written reasons for any denial. The statute also expressly prohibits third parties from creating their own Power of Attorney forms — yet, according to the filing, Merrill openly admitted that this is exactly what it required, in direct conflict with the 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. After Lois Berman passed away, Merrill sent a letter practically boasting that it had refused to give her son access to her funds, even though all he had done was request enforcement of a valid Power of Attorney under Florida law.

The lawsuit seeks damages for breach of duty, negligence, and statutory violations. It also raises concerns about a broader pattern of abuse by Merrill and its parent company.