Power of attorney

Key information

What is power of attorney?


Power of attorney is a contract by which you (the grantor1) appoint another person (the agent or attorney2) to act on your behalf in legal matters. You can draft it yourself or with the help of a legal advisor and change it and cancel it at any time, provided you are of sound mind.3

The power of attorney must include

  • The date it was drafted
  • The grantor's name
  • The name(s) of the attorney(s)
  • The powers and obligations of the attorney
  • A description of the duties of the attorney
  • The grantor's signature
Thumbs up icon

Quick tip

Ask for a power of attorney form by scheduling an appointment at the branch. Consult a legal advisor to make sure the template meets your needs and doesn't conflict with any other powers of attorney in effect.

6 things to remember

Verbal or in writing

In some cases, a power of attorney can be granted verbally, but in most cases, it has to be put in writing. This allows you to easily prove the terms of the contract if an issue arises and confirms that your attorney is not an imposter. This is the only type of power of attorney recognized by National Bank.

Types of power of attorney used in Canada

The types of power of attorney available vary based on your province or territory.

See types of power of attorney

Choosing an attorney

The power of attorney is authorized to manage your finances and property on your behalf. Be sure to choose a person you trust (your spouse, a close friend or family member) and consult a legal expert when drawing up the terms of the power of attorney and determining the scope of the powers being granted.

Attorney's legal responsibilities

The attorney must follow the instructions contained within the power of attorney and act in your best interest. If we receive questionable instructions from your attorney, we will inform you (whenever possible) and thoroughly investigate the situation where appropriate.

Advantages

Power of attorney allows you to choose who will manage your finances if you are absent or become incapacitated. Instructions set out in the document are legally binding.

Risks

The attorney is legally required to justify how they manage your finances and property. However, the contract involves an inherent risk that they misuse your finances or make decisions that are not in your best interest.

Regularly update your power of attorney to ensure that it still meets your needs and legal requirements, and that your attorney is the best fit for you.

Little details that matter

Understanding power of attorney

Three young professionals discussing
Kid with dirty hands

Need banking advice?

Talk to one of our experts to get tailored advice.

Make an appointment

Telephone icon
Locator icon
Back
Terms of use
National Bank’s virtual assistant

When using our Virtual Assistant Service (the "Chatbot"), you accept these Terms of Use, which are subject to change without notice. Furthermore, you agree to consult these Terms of Use from time to time and acknowledge that your continuing use of the Chatbot means that you have accepted any changes that may have been made. Your continued use of the Chatbot means that you’ve read, understand and agree to these Terms of Use, the Terms of Use for our website, our Online transaction services, and to our privacy policy. You also understand any other agreements that you have with us will continue to apply when you use the Chatbot.

1. Our Services and your responsibilities

The Chatbot is an automated service which is integrated into our online banking platform.

The Chatbot is preprogrammed to answer general questions concerning the use of our online banking platform solely for informational purposes. The Chatbot is not able to answer questions on personal monetary transactions or products you hold with us.

By using the Chatbot, you understand and agree that:

  • The Chatbot does not provide financial advice or financial planning services.
  • The Chatbot does not conduct any banking transactions.
  • The Chatbot may not be able to answer all your questions. Therefore, it may not be able to provide you with the information you require. You must judge whether the answer provided responds to your question accurately. In the case of uncertainty, a customer service representative would be happy to help you. You can call us toll free at 1-888-483-5628 or 514-394-5555.
  • The Chatbot is not a complaint service. You cannot use the Chatbot to file complaints. If you have any complaints, you can contact us at the number indicated above.
  • We monitor, record and store the discussion that you have with the Chatbot to improve our interactions with our clients.
  • You will not provide the Chatbot with any confidential, personal, or private information. For example, you will not provide the Chatbot with your login information, PIN or other personal banking information.

2. Limitation of Liability

You acknowledge that we won’t be liable for any losses or damages that you may suffer as a result of your use of the Chatbot, including if the Chatbot is unavailable for any reason.

We cannot guarantee that the results obtained via the Chatbot will be accurate and reliable and that the answers provided will meet your expectations.

We will not be held liable for damages you incur as a result of:

  • Any delay, error, interruption or omission on our part or any other event beyond our control.
  • Any deficiency or technical error or any unavailability of our systems and wireless networks.
  • Your failure to meet any of your obligations.
  • Any amendment to or suspension, refusal or blockage of the Chatbot.
  • Any decision or measure you take in response to information and data obtained via the Chatbot.
  • Any other damages you may incur that are not caused by negligence on our part.

3. Language

You have requested that these Terms of Use, and related documents be drawn up in English.

4. Governing Law

These Terms of Use are governed and must be interpreted in accordance with the laws in force in the province or territory where you reside. If you reside outside Canada, the laws in force and the courts of competent jurisdiction are those of the province of Quebec.

Virtual assistant