How to use a power of attorney at the bank in Ontario

A step-by-step guide for Ontario attorneys: what the bank will ask for, how long the review takes, what to do if the bank says no, and mistakes to avoid.

OntarioLast reviewed 17 min read17 official sources

Maybe your mom just had a fall and the bills are still arriving. Maybe your dad has asked you to take over the banking because it's become too much. Either way, you have a power of attorney document in a folder somewhere. Having it is the first step. Using it at the bank is the next one, and it takes a little preparation.

Bringing the document and your ID to an Ontario bank is the easy part. The parts that hold things up are everything around it: a problem in the document itself, a review that takes longer than you expected, a bank form that can cancel the power of attorney document your parent already signed, or a bank that says no.1,2

This guide is for adult children in Ontario who have been named as attorney in a parent's continuing power of attorney for property. It covers what to check in the document before you go, what each of the five big banks says it needs, what to do while you wait, and what to do if the bank refuses.

Before you go: make sure your Ontario power of attorney is ready to use

Read the document from start to finish. These are the details the bank will look at, so it helps to know the answers before they ask.

Is it the right kind of power of attorney?

Only a continuing power of attorney for property keeps working once your parent becomes mentally incapable. Under Ontario's Substitute Decisions Act, a power of attorney counts as "continuing" if it says so, or if it says the attorney can act while the person is incapable of managing property.3 A power of attorney for personal care covers decisions like health care and housing, and gives you no authority over money.4

Does it take effect now, or only later?

In Ontario, a continuing power of attorney for property can be used as soon as it is signed and witnessed, unless the document says otherwise. Some say they only come into effect on a certain date, or when your parent becomes mentally incapable.3,1

If your parent's document has a condition like that, the bank will need proof that it has been met.

  • If the document says how incapacity will be confirmed, such as a letter from a named doctor, bring exactly what it asks for.1
  • If it says it starts at incapacity but doesn't say how that's decided, Ontario law sets the method. The document comes into effect once you're notified, in the official form, that a capacity assessor has assessed your parent and found them incapable of managing property, or that a certificate of incapacity has been issued under the Mental Health Act.3 An ordinary doctor's note may not be enough. A lawyer can help you arrange a capacity assessment.

Is there more than one attorney?

If the document names two or more attorneys, Ontario law says they must act together unless the document says otherwise. The usual wording that lets each attorney act alone is "jointly and severally."3,1 If you and a sibling are named jointly, expect the bank to need both of you, both of your IDs, and possibly both signatures on transactions.

Was it signed and witnessed properly?

Today, a continuing power of attorney must be signed in front of two witnesses, and both must sign it. These people can't be witnesses:3

  • the attorney, or the attorney's spouse or partner
  • your parent's spouse or partner
  • your parent's children, or someone your parent treats as their child
  • anyone whose property is under guardianship, or who has a guardian of the person
  • anyone under 18

So if you or your sibling signed as a witness, that's a problem. A document that doesn't meet these rules isn't effective, although a court can sometimes declare it effective.3 If you spot an issue here, talk to a lawyer before going to the bank.

Older documents have different rules. The two-witness rule came in with Ontario's 1995 law. A continuing power of attorney signed before 1995 under the old law with only one witness can still be valid.1 Don't assume an older document is invalid because it has one witness, and if a bank questions it, point to this rule.

Is it the most recent one?

In Ontario, signing a new continuing power of attorney for property cancels the earlier one, unless the new document says your parent intends to have more than one.3,1 If your parent may have signed more than one over the years, including a form at a bank, find out which one is current.

What to checkWhere to lookWhy it matters at the bank
Type of power of attorneyThe title and first paragraphsOnly a continuing power of attorney for property works once your parent is incapable
When it takes effectAny clause about dates, conditions, or incapacityIf there's a condition, the bank will ask for proof it has been met
Number of attorneysThe appointment sectionJoint attorneys usually have to act together at the bank
Signatures and witnessesThe signing pageMissing or ineligible witnesses are a common reason for refusal
Any other versionsYour parent's files, their lawyer, their bankA newer continuing power of attorney usually cancels an older one

What the bank will ask for: the five big banks compared

Each bank sets its own rules. This table comes from each bank's own published information, last checked October 9, 2026. Some of these bank documents are several years old, and banks change their rules, so confirm with your parent's branch before you go.

BankCopy of the documentID for the attorneyHow long the review takesOther things to know
TDThe original or a notarized copy5Personal ID, taken once the document is accepted. Sometimes ID from your parent too.5Not stated. TD may send the document to other teams and will give you an estimated timeframe.5For certain transactions, TD may require a power of attorney prepared with a lawyer.5
RBCNot published on RBC's website, as far as we could find. Ask the branch.Not published. Ask the branch.Not published. Ask the branch.RBC's own planning guide says a bank's standard form is meant for accounts at that one bank, and may affect an existing power of attorney document in ways your parent didn't intend.6
BMOThe original, or a notarized or certified true copy. It must be signed by your parent, witnessed and dated.7Personal ID from the attorney7Not stated. BMO will tell you if a review is needed and give a general timeline.7BMO won't accept a power of attorney that would require it to monitor the attorney, is unclear about the attorney's authority, or was made for another financial institution. Its guide is marked 01/15.7
ScotiabankThe original or an original notarized copy8One original, valid government photo ID, or two original documents from reliable sources, plus a sample of your signature8Generally 5 business days, longer if it needs more information8Attorneys can't reach investment accounts through online banking, and that includes the Momentum PLUS Savings Account. Those need the branch.8
CIBCThe original or an original notarized copy, notarized within the last 30 days9,10Two pieces of ID, one government-issued with a photo, for you and for your parent. You also sign an Attorney Acknowledgement and Indemnity Agreement at the meeting.9,10Not stated. If a review is needed, CIBC says it will tell you how long to expect.9Your parent must attend unless there's a valid reason, such as being physically unable or out of the country. Attorneys who must act jointly must all attend. If your parent is mentally incapable, bring proof: a letter from a doctor, nurse practitioner, or lawyer.9,10

Scroll sideways to see the whole table.

An agreement like CIBC's is the bank's own paperwork for setting up your access. You sign it as attorney, and CIBC says your parent signs it too if they're at the meeting.9 It isn't a power of attorney and doesn't replace your parent's existing one. A bank's own proof rules, like CIBC's letter for a parent who is already incapable, are also separate from any condition in the power of attorney document itself: if the document only takes effect at incapacity, its own condition still has to be met (see Does it take effect now, or only later? above).3,10 The bank form to be careful about is a power of attorney form your parent signs (see Should your parent sign the bank's own power of attorney form? below).

Across the banks that publish their rules, you can expect to need the following.5,8,7,10

A bank has no registry to check your document against: Ontario doesn't require powers of attorney to be registered.1 That's why it asks for the original or a copy a notary has compared against the original and certified.1 If your parent banks with more than one institution, get several notarized copies at once so each can keep its own and the original stays safe.

Step by step: getting the bank to accept the power of attorney document

  1. Call the branch first. Ask to book time with someone who handles powers of attorney. Ask what to bring, whether they'll accept a notarized copy, and whether the review happens at the branch or is sent to another team.
  2. Go in with your documents. The bank will check your identification and take a copy of the document for its file. If there's more than one attorney, ask whether you all need to come in together.
  3. Wait for the review. Scotiabank says its review generally takes 5 business days.8 TD, BMO, and CIBC say they'll tell you how long a review should take.5,7,9 Write down the date they give you.
  4. Ask how you'll actually operate the accounts. Find out which ways you can act as attorney: in the branch, by phone, or online. These vary by bank and by product. Scotiabank, for example, says attorneys can't access investment accounts through its digital channels.8
  5. Repeat for every institution. Each bank, credit union, and investment firm reviews the document separately, and Ontario's Office of the Public Guardian and Trustee recommends that every one your parent deals with has a copy on file.1 Government programs, like the Canada Pension Plan, Old Age Security, and the Canada Revenue Agency, have their own separate processes.

To keep organized, our free POA bank checklist has what to bring, the questions to ask with space for the answers, and a tracker for where each institution stands.

While you wait for the bank to approve it

A review of 5 business days or more can feel long when bills are due. Until a bank has accepted the power of attorney document, it won't take your instructions as attorney.5 That's the bank's own process: your parent's power of attorney document can already be in effect. These are the things worth looking into in the meantime:

  • Find what's already automatic. Look through recent statements and mail for bills paid by pre-authorized debit or automatic payments. Those may keep running on their own.
  • Call the companies sending bills. Explain that you're the attorney and the bank is reviewing the power of attorney document. Ask whether they can note the account or allow extra time.
  • Ask the branch for a status date. Ask who to call for an update, and what happens if the review goes past the date they gave you.
  • Keep a list of every bill and due date, so nothing is missed once you have access. Our free POA money tracker has a Bills tab set up for this.

Can a bank refuse a power of attorney?

Yes, it can. Ontario's Office of the Public Guardian and Trustee says that if a continuing power of attorney appears to be properly completed and witnessed, and the bank has no reason to suspect it's invalid, it should be recognized.1 But banks also set their own policies to protect customers from fraud. TD lists situations where it may not accept a power of attorney or an attorney's instructions, including when:5

  • it can't verify the customer's or the attorney's identity
  • the document doesn't meet provincial requirements, such as a missing or improper witness signature
  • the instructions go beyond what the power of attorney document allows
  • the instructions don't appear to be in the customer's best interest, or the bank is concerned about financial abuse
  • the instructions conflict with the bank's own policies

BMO adds that it can't accept a power of attorney that would require the bank to monitor the attorney, is unclear about what the attorney can do, or was made for use with another financial institution.7

When the bank says no: what to check

What happenedWhat to check
The bank says the document is too old, or has only one witnessA continuing power of attorney signed before 1995 under the old law can be valid with one witness.1 Ask the bank to confirm whether it's refusing the document or just needs more review.
The bank says it only accepts its own formYou aren't required to use the bank's form at TD or Scotiabank.5,8 Ask, in writing, for the existing document to be reviewed instead.
The bank says your parent must come in, and they can'tCIBC, for example, expects the account holder to attend unless there's a valid reason, such as being physically unable or out of the country.9 Explain the reason, and ask what proof the bank needs instead.
The bank questions whether the power of attorney document has come into effectCheck whether the document starts at incapacity, and what proof it names. If it names none, see Does it take effect now, or only later? above.
The bank accepted the document but won't give you online or phone accessAsk whether the limit applies to one account or product, or to every attorney at that bank. Scotiabank, for example, keeps investment accounts in the branch.8
The review has gone past the date you were givenAsk for the name of the person or team reviewing it, and for a new date in writing.
The bank won't accept it and won't say whyAsk for the reasons in writing. TD, for example, says it will explain why and, where appropriate, suggest how to fix it.5

Taking it further

  1. Use the bank's complaint process. Every bank has one, usually with two internal steps. Write down dates, names, and what was said. Under federal rules, the bank must give you a detailed written response within 56 calendar days of when you first made the complaint.12
  2. Take it to the ombudsman if needed. The Ombudsman for Banking Services and Investments (OBSI) reviews complaints about banks for free. You can go to OBSI once 56 days have passed since your first complaint, or earlier if the bank has given you its final written response and closed your file.12 OBSI's deadline is 180 calendar days after you receive that final written response.13
  3. Talk to a lawyer if the document appears to be valid and the bank still won't honour it.

Credit unions can work differently. Provincial credit unions have their own regulator, so if your parent's money is at a credit union, ask it for its complaint process.12

Should your parent sign the bank's own power of attorney form?

Some banks have their own power of attorney forms and may suggest your parent sign one. TD and Scotiabank both say that customers aren't required to use the bank's form.5,8 BMO presents its own form as one option, next to having a lawyer prepare one.7

Think carefully before your parent signs one. Ontario's Office of the Public Guardian and Trustee warns that a bank's form will likely only cover accounts and investments at that bank, not the rest of your parent's property.1 Signing it could also cancel the power of attorney document your parent already has, leaving no one with authority over everything else, like the house, pensions, or accounts at other institutions. The Government of Canada gives the same warning, and suggests showing the bank your parent's existing power of attorney document and asking whether it can be used instead.2 If your parent is no longer mentally capable, signing a new power of attorney of any kind isn't an option.2

A joint account is not a shortcut

Sometimes a bank, a friend, or a relative will suggest skipping the paperwork and adding your name to your parent's account instead. It can look simpler, but it changes much more than access:

  • Any joint holder can usually withdraw without the others' consent, and the money can be exposed to a joint holder's creditors or separation.2,14,9
  • Who the money belongs to isn't settled by whose name is on the account. When a parent adds an adult child for free, the law generally presumes the money still belongs to the parent, unless the parent meant it as a gift.15 After your parent passes away, you may have to show that a gift was intended before you can keep what's left, and others may challenge it.2,15
  • A power of attorney keeps the money your parent's, managed by you in their best interest.14

Adding a name to an account can have tax, estate, and family consequences, so talk to a lawyer before your parent makes that change. Our guide on joint bank accounts with an elderly parent explains each of these, including what the five big banks' account agreements say.

Once the bank has accepted it

A few rules apply from the first day you act:

  • It's still your parent's money. When your parent is incapable of managing their property, or you have reasonable grounds to believe they are, Ontario law says you must act diligently, with honesty and integrity and in good faith, for your parent's benefit.3 Keep their money separate from yours.
  • Use your own access, never your parent's card and PIN.11
  • Keep records from day one. Ontario sets out what an attorney's records must include, starting with a list of your parent's assets on the date of your first transaction, and ongoing lists of money received and paid out, with dates, amounts and reasons.16
  • Being paid back and being paid are different. Paying yourself back for real expenses is separate from being paid for acting as attorney. If the document is silent, Ontario's rate for acting as attorney is 3% of money received, 3% of money paid out, and 3/5 of 1% of the average annual value of the assets.1 The power of attorney document itself may set different terms, so check the document before taking any payment.3,1 Where the standard rate applies, taking more than it needs written consent from the Office of the Public Guardian and Trustee, and also from your parent's attorney for personal care or guardian of the person, if they have one.3 When your parent is incapable, every payment you take has to be recorded with its amount, date and how you calculated it.16

When your authority as attorney ends

When your parent passes away, your authority as attorney stops, even if you were managing everything the day before.3 The estate trustee takes over. In Ontario, that's the term for the person more often called the executor. Let the bank know as soon as you can. We walk through what happens next in the Settle the estate stage.

Questions to ask the bank

What to do next

Once the bank has accepted the power of attorney document, you'll usually need to repeat the process with your parent's other institutions, like investment firms, pension plans, and government programs. Our guide on your duties as power of attorney for property covers your ongoing duties, records, and what the money can be spent on.

Sources

Each small number in this guide opens the source with the same number here. Rules change, so check the source before you act.

  1. Powers of Attorney, Questions and Answers, Office of the Public Guardian and Trustee, Ministry of the Attorney General
  2. What every older Canadian should know about powers of attorney and joint bank accounts, Government of Canada
  3. Substitute Decisions Act, 1992, Government of Ontario
  4. Make a power of attorney, Government of Ontario
  5. General information on powers of attorney, TD Bank
  6. Appointing a power of attorney, RBC Financial Planning
  7. Understanding a Power of Attorney and Joint Accounts, BMO Bank of Montreal
  8. What you need to know about power of attorney and joint deposit accounts, Scotiabank
  9. Understanding powers of attorney and joint accounts, CIBC
  10. Power of Attorney Setup Checklist, CIBC
  11. Unauthorized credit and debit transactions, Financial Consumer Agency of Canada
  12. How to file a complaint with your bank, Financial Consumer Agency of Canada
  13. FAQs, Ombudsman for Banking Services and Investments
  14. Powers of attorney for property and joint bank accounts, RBC Royal Bank
  15. Pecore v. Pecore, 2007 SCC 17, Supreme Court of Canada
  16. O. Reg. 100/96, Accounts and Records of Attorneys and Guardians, Government of Ontario
  17. Law Society Referral Service, Law Society of Ontario

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