How Do You Get a Power of Attorney Registered or Accepted by a Bank in Ontario?

If a bank refuses to accept your continuing power of attorney for property, start by asking the bank, in writing, exactly what it requires and why it is refusing. Banks usually have their own internal procedures, so what one asks for can differ from another, and a refusal is not always the end of the matter. Keep copies of everything you send and receive.

Check the document too: confirm that it is a continuing power of attorney, that it names you, and that it covers the property involved. Statutory guardianship through a capacity assessment is meant for people who have no continuing power of attorney covering all of their property, so a valid document matters.

If a capacity assessor issues a certificate of incapacity, the Public Guardian and Trustee becomes the person's statutory guardian of property. Someone who is not a spouse, partner or relative, or who prefers the court route, can apply to the Ontario Superior Court of Justice to be appointed guardian of property by a judge. A guardian of property is a fiduciary and must carry out their powers and duties diligently. A lawyer can review the document and the bank's reasons before you decide.