Power of Attorney for Cdn Family while Living in US

Canadian Expats and travelers in the USA can communicate with each other here!

Moderator: visaplace.com

fconertyNew Member
Topic author
Posts: 1
Joined: 19 Mar 2009

Power of Attorney for Cdn Family while Living in US

Post Thu Jun 16, 2011 10:12 am

I have been living in the States for about 18 yrs. First on a TC Visa (TN1) as an RN and now with Amercian husband and our kids. My mother is living alone in the Vancouver, BC area. I am having a heck of a time trying to get Power of Attorney in case anything happens to her even though I am a Cdn and I am her ONLY living family. I don't want to get her affairs all caught up in probate when there absolutely NO reason. She has willed everything to me, but the bank (CIBC specifically) is giving me a VERY DIFFICULT time about not being able to have Power of Attorney over her finances because I don't live in Canada. I am seriously thinking of moving my entire family back to Canada, but have no idea how long she will live. She is 81 yrs old and her health is fragile and doesn't need all this 'drama'. I have no living sibings or family that will 'come forward' to 'claim' anything of my mother. I am hoping someone has some ideas of how to handle this. I am very frustrated. What happened to the old fashioned way we wrote our will, designated a person to look after medial issues, property and finance is the family was unable to to and the will instructed who was the benficiary. Now I have to use Cdn lawyers, US lawyers, notaries and officials atthe bank to do ONE thing - be in charge and have access to everything of my mom's should she die or be unable to manage her affairs. HELP!
Top
agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: Power of Attorney for Cdn Family while Living in US

Post Thu Jun 16, 2011 11:04 am

Find a bank that is willing to work with you and move her finances there.

Surely you have been in US long enough to learn the power of free market.
Top
flames9CanuckAbroad VIP
Posts: 602
Topics: 1
Joined: 8 Mar 2007
Location: Managua Nicaragua

Re: Power of Attorney for Cdn Family while Living in US

Post Thu Jun 16, 2011 12:32 pm

Im a Cdn RN too (schooling here though) Just read an interesting article when I was recently back in Saskatoon, Some banks are beign extra cautious when it comes to dealing with family members handling their accounts of their parents, as thier has been increasing cases where the siblings (or just 1) is wiping out the savings of the parents!! Good Old mom thinks she has thousands and thousands in the bank, turns out good old daughter/son has been taking $$$$$ out! Not saying that's the case here,lol but maybe that's why the bank is being a bit more protective.
Top
agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: Power of Attorney for Cdn Family while Living in US

Post Thu Jun 16, 2011 12:36 pm

Indeed. The reticence of CIBC may have nothing to do with our poster being american.

Ultimately however, if the parent wishes to give someone PoA (rather that the child wanting it conferred upon herself for her convenience, advantage, etc), then they should be allowed to.

Besides, PoA does little to skirt around probate. Other steps must be taken, like gifting, trusts, joint tenancy, etc.
Top

Did you enjoy this post? Share it!

 
  • Related topics
    Replies
    Views
    Last post