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Power of Attorney for Property (POA) is a legal document that gives a person the right to act on someone else's behalf. This article is intended to share with your clients and their families with the recommendation that they seek professional advice. Can a bank refuse a Power of Attorney? Yes, they can!
That means they cannot make financial decisions or take actions with your money or accounts that aren't in your best interest. They are supposed to be careful not to waste or lose your money. A fiduciary duty would mean that a POA can't just move your money to their own accounts.
In general, the principal's money or property cannot be transferred to themselves by either type of power of attorney. Note that this restriction applies regardless of whether the principal is alive or dead at the time they sign their power of attorney document.
Unless the power of attorney expressly excludes compensation, in Ontario an attorney for property is generally entitled to compensation at the following rates: 3% of income and capital receipts. 3% of income and capital disbursements. 0.6% per year of assets under management.
As well, an attorney cannot make a gift to themselves without the authorization of the court. The court may also authorize an attorney to make a gift that is not otherwise authorized under the act if the court is satisfied that it would be appropriate for the attorney to make the gift.