Tips and resources to help you throughout your caregiving journey

Power of Attorney: who has the power?

A Power of Attorney (POA) is a legal document that gives someone the right to act on your behalf. This post is intended to be a cautionary tale so that you don’t have your own horror story.

Can a bank refuse a Power of Attorney?

Yes, they can! If you are you going to manage your parents’ finances in the future, don’t be seduced by a false sense of power the ironically named Power of Attorney gives you. It doesn’t matter if your POA was drawn up by the best lawyer in town—the banks don’t may not trust you and you need to plan for that.

They aren’t just throwing their power around because they can. Banks have a responsibility to protect people’s finances. Most of us have heard or read stories about fraud, theft of seniors’ savings, and financial abuse (with the equally disturbing fact that family members are usually the culprit).

It is an especially tough job for banks these days. With online banking and banking machines, you and your parents may be unknown to them outside of an online account or two.

Because of this unfamiliarity, sometimes the pendulum swings too far and the bank refuses to recognize legitimate Powers of Attorney.

Why banks reject a Power of Attorney

Banks can refuse to accept a Power of Attorney because:

  • It is old
  • It lacks clarity
  • It doesn’t conform to the bank’s internal policies

If you think that the above reasons are rather vague, I couldn’t agree more. I have had clients’ POA refused because:

  • They had never met the son who had the POA
  • The POA was over 10 years old
  • The person with the account didn’t arrange to sign the bank’s own internal papers
  • The parent was not physically able to go to the bank to verify they gave their daughter a POA
  • A sibling called the bank and said this was a case of financial abuse

All of the POAs presented to the bank were legitimate.

While you don’t always need a lawyer to draw up a POA (there are free kits available you can complete without a lawyer), I have always advised the use of a lawyer. In my experience, banks are even more suspicious with do-it-yourself POAs, even though they are still a legal document. It is also advisable to have a lawyer complete your POA if there is even a hint of conflict between siblings (and this is no time to be naïve or sentimental).

This isn’t fear-mongering or a tirade against the banks (that would be too easy, wouldn’t it?). I have simply had too many experiences with sons and daughters who have had a legitimate POA denied by the bank. You can imagine the stress involved under this situation. The banks can freeze accounts, in order to investigate “suspicious activity”.  This can even make it difficult to pay bills (yes you read that right, difficult to put money into the account and pay bills).

If suspicious, the banks can ask for a capacity assessment to be completed or a letter from the family doctor confirming that your parent is capable. While inconvenient and sometimes costly, this is not always possible, as sons and daughters are involved only when their parent becomes incapable of managing their finances themselves.

What to do when a bank refuses your POA

Banks are now obligated to provide recourse to clients (your parents) or attorneys when they refuse to act on a POA or attorney’s (you as son or daughter) instructions. The Advocacy Centre for the Elderly (ACE) recommends the following steps in the face of a refusal to do so.

  1. Client or attorney should first contact the bank’s Office of the Ombudsman (all 5 major banks in Canada have one).
  2. If unresolved, escalate to the Ombudsman for Banking Services and Investments (OBSI).
  3. Consult a lawyer.

It can be quite challenging, not to mention time consuming and exasperating to try resolve the issue of POAs not being recognized by the banks.

It doesn’t have to play out this way. You and your parents can be proactive and prevent this problem! (well, no guarantees because this whole subject brings my ‘risk-averse’ mind to the fore.)

Take these steps to get your POA recognized by the bank

  • Do it early, when there is no question of capacity.
  • Go to the branch with your parents. Have your parents introduce you to the Bank Manager.
  • Take the POA to the bank and have it reviewed and accepted. If there are problems with it from the bank’s perspective, these can be addressed while there is no question of capacity.
  • Your parents should ask the bank if they also have their own internal documentation required, which will give someone the power to manage their finances.

Are you surprised by any of this information? Do your parents have a POA in place? Have you experienced any issues at the bank?

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  • Lalo sebat
    Thu Jan 16 2020, 15:32
    Western union tells me they don't recognize any power of attorney (not only mine specifically and with no apparent reason). I tried talking to someone for answers and I got hours of runaround.
  • Pat Lukkar
    Fri Aug 14 2020, 19:50
    I have a Power of Attorney for my brother. Wells Fargo legal team denied the POA stating it was not signed trustee of the trust. The attorney said that they should have accepted it, but now offers no help except executing more documents for hundreds of dollars more. I have already paid $800 for the POA and a consultation, I cannot afford more!
    • JaneVock
      Tue Aug 25 2020, 13:33
      I really do understand the frustration. There are definitely problems with the current systems as it pertains to Powers of Attorney
  • bill
    Wed Aug 19 2020, 20:34
    What is the point of a legal POA if third parties have a right to refuse to recognize it for any matter that they decide. The appointed attorney is the only person that has the legally given right to make decisions for the adult. An enduring power of attorney is even worse, considering they claim the adult who made the POA cannot provide any information and they do not have to listen to them because they can claim judgement issues.A normal POA can be revoked or changed by the adult, it is the Enduring Power of Attorney that is the real challenge as they refuse to recognize the adult as a person.
  • Catherine Hon
    Wed Jan 13 2021, 03:49
    I have power of attorney over my son and I haven't any trouble until yesterday. I have the papers plus his I.D. I have a Wal-Mart Money Card for over 5years and couldn't get his stimulus check cash . He's in rehab.
  • Sherilyn Whistler
    Thu Feb 04 2021, 21:02
    Yes I have. My mother had a stroke and had a state of Colorado general power of attorney. The bank is now saying that they will not except hers, 15 days after thinking they lost it. They only accept their own however they never offered her the option nor advised her it was required in order for her attorney-in-fact to have access in the case of an emergency.
    • JaneVock
      Thu Apr 08 2021, 09:07
      Yes SherilynUnfortunately that is a familiar story. I am not sure if there is a Bank Ombudsman you can contact?