Bank Refusing Power of Attorney in New Brunswick: What to Do

The Document Is Valid. The Bank Still Says No.

You spent hundreds of dollars drafting an enduring power of attorney at a lawyer's office. Your parent signed it with full capacity. The lawyer's witness statement is right there on the document. And now you are standing at a bank counter, being told they cannot process your request.

This happens more often than it should. Understanding why banks resist — and what you can actually do about it — turns a frustrating encounter into a manageable process.

Why Banks Push Back

Banks are not rejecting your parent's EPA out of spite. They are managing their own liability under two competing pressures:

Elder financial abuse risk. Financial institutions in New Brunswick are increasingly cautious about POA-based transactions because elder financial abuse by family members is one of the most underreported crimes in the province. A bank that processes a fraudulent transaction under a POA faces regulatory scrutiny and potential civil liability.

Section 17 protection. Under Section 17 of the Enduring Powers of Attorney Act, banks are explicitly empowered to temporarily suspend or restrict account withdrawals if they have reasonable grounds to suspect an attorney is committing financial abuse or failing to act in accordance with the statute. The bank must notify the grantor, any co-attorneys, and any monitor named in the EPA — but the suspension itself is legal.

Beyond these legitimate safeguards, banks also push back for operational reasons that have less legal basis:

• The document is an original, but the bank wants it "on file" (they want to make a copy and have their legal team review it)
• The bank's internal forms haven't been updated to reflect the Enduring Powers of Attorney Act
• The front-line staff have never processed an EPA and aren't sure what to do
• The bank wants its own corporate power-of-attorney form signed in addition to the provincial document

Your Preparation Checklist

Before visiting the bank, assemble everything that eliminates reasons for delay:

1. The original EPA for Property — not a photocopy. Bring the original document with the lawyer's witness statement and signature
2. Your government-issued photo ID as the named attorney
3. Your parent's government-issued photo ID (or a certified copy if they cannot attend)
4. A recent capacity letter from your parent's doctor if the EPA is a springing power that has been activated — the bank may ask for proof that the triggering condition has been met
5. A list of the specific transactions you need to complete — be precise about what accounts you need to access and what actions you need to take

Call ahead and ask for an appointment with the branch's "estate" or "trust" specialist, not a general teller. Many banks have designated staff who handle POA registrations, and they are far less likely to be confused by the document.

When the Bank Still Refuses

If the bank declines after reviewing your documentation:

Ask for a written explanation. The bank should articulate exactly why they are refusing. "We need to review this with our legal department" is a delay, not a refusal — and a delay you may need to accept while their legal team reviews. An outright refusal without written reasons is harder for the bank to defend.

Escalate to the branch manager. Front-line staff often lack authority to approve POA registrations. The branch manager or a regional compliance officer has more discretion.

Contact the bank's client care department. Every major Canadian bank has a client advocacy or complaint office. File a formal complaint referencing the specific EPA and the Enduring Powers of Attorney Act. Keep the complaint number and ask for the next escalation level.

Requests You May Encounter During Review

Banks may ask you to:

• Allow a reasonable review period for their legal department to examine the EPA
• Ask the attorney to sign the bank's own internal authorization forms in addition to the provincial EPA
• Require the attorney to present in person with identification
• Contact the grantor (your parent) to verify the EPA is still in effect, if the grantor is reachable and has capacity

If the bank asks for any of the following, ask for the reason and the next escalation step:

• Have your parent attend the branch even though the EPA is being used after a loss of capacity
• Require a "new" POA on the bank's own form in addition to the provincial EPA
• Leave the matter open-ended without explaining the next step

A Common Trap to Avoid

Some banks will suggest that your parent sign the bank's own "power of attorney" form instead of or in addition to the provincial EPA. If your parent still has capacity, this can be a practical shortcut — the bank's internal form tends to move faster through their own systems. But if your parent has already lost capacity, they cannot sign anything new, and the bank's own form is irrelevant. The provincial EPA is the governing document.

The New Brunswick Power of Attorney & Personal Directive Kit includes a bank registration preparation checklist and a template for requesting written reasons when an institution resists — so you walk into the meeting with documentation that matches what the bank's compliance team actually needs to see.

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