![]() ![]() the witnesses cannot be the named Attorney, the Attorney’s spouse or partner, your spouse or partner, your child or a person you treat as a child, a person whose property is under guardianship, or anyone under the age of 18.the POA must be witnessed by two individuals, in your presence and each other’s, and.you, the grantor of the POA, must be capable – the Act sets out seven indicators of capability,.In Ontario, for example, the Substitute Decisions Act requires that: These requirements vary from province to province. The POA must meet all provincial or territorial requirements. Ideally you should consult a legal professional for advice on drafting a valid, general POA. Bank policies do not require you to use that form.) ![]() (Some banks have a form of POA you can use. The POA may be general or limited or restricted in some way, as long as it permits the types of transactions you expect your Attorney to do. Generally, banks will accept a POA that meets applicable requirements and gives the Attorney the ability to conduct the desired financial transactions. If an Attorney’s transaction comes to the attention of the bank and it appears unusual – for instance, if the Attorney pays substantial amounts to him or herself – the bank may try to confirm the transaction with you if possible (if you have capacity), ask the Attorney for additional information to better understand the transaction, or decline the transaction. That is why it is so important to select your Attorney carefully. Banks take the welfare of their clients very seriously, but they do not monitor all transactions that might be done by a client’s Attorney, particularly in an online or telephone banking environment. ![]()
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