Question

A few years ago while living in British Columbia, my mother signed a Power of Attorney in which she named me to look after her financial affairs if she could not do so.  She recently moved to Ontario and then had a stroke.  She is now mentally incapable.  Her doctor says it is unlikely that she will recover her mental capacity.  My mother’s care costs have gone up and her funds are running low.  I need to cash in some of her investments to pay for her care but my mother’s bank refuses to recognize the Power of Attorney document that my mother signed in British Columbia.  They say that since it was signed outside of Ontario, they do not consider it valid.  What do I do? 

Answer

If your mother was living in British Columbia at the time that she signed the Power of Attorney and if the signing of that document was carried out in a way that fully complied with the laws of British Columbia, it should be valid in Ontario as set out in section 85(1) of Ontario’ s Substitute Decisions Act. (more…)