Woman trying to care for aunt left in financial limbo by banks

KITCHENER — Judith Eby was on a trip to visit family in Alberta last October when she fell down a set of stairs.

When the 63-year-old awoke, the only thing she could move was her eyes. A doctor told her the fall had caused clotting in her brain — leaving her in a paralyzed state known as locked-in syndrome.

More than six months later, Eby is still recovering in a bed at Grand River Hospital’s Freeport Campus in Kitchener, able to communicate by using a small spelling board. Speaking is still very difficult and she relies on a ventilator and feeding tube to help keep her alive.

While she recovers, Eby has appointed her niece Kim Karges as her power of attorney to pay her bills and take care of her financial affairs, including ambulance fees and the costs of getting her back home to Ontario.

But Karges soon learned her aunt’s unique situation came with some complications.

Karges, 38, says trying to pay bills through her aunt’s CIBC account was a frustrating experience. Without access to her aunt’s online banking, she had to do everything the old-fashioned way — showing up at the bank with a bill.

She says she was treated with suspicion, questioned about why she was paying certain bills, and required verification at every step.

“The bank says they’re working in her best interest. But I’m saying I’m her family member, I’m her power of attorney and I’m working in her best interest,” Karges said.

“It’s hard for me because I’m talking to someone who doesn’t even know her. But they don’t offer any other options. Just ‘This is the way it is.’”

Hoping to simplify things, she went to another bank, the Bank of Montreal branch on Ira Needles — but says she was told they couldn’t help Eby unless they saw her in person.

“They said I can’t open a chequing account for her because she’s physically not here in front of us,” said Karges.

“I said that’s impossible. Do you want me to wheel her in her hospital bed?”

BMO says when a client can’t come into the branch, it will offer to meet them in-person outside the bank to verify their situation. Karges, who points out anyone can open a bank account online without this oversight, insists she wasn’t offered the option of having a bank staffer come to see Eby.

Both banks said they couldn’t comment on Karges’ situation for privacy reasons.

“In cases that involve power of attorney, we follow the necessary processes to ensure that our clients’ interests are protected,” said Jason Wesley, a spokesperson for CIBC.

BMO said it “needs to take steps to help verify the legitimacy of the power of attorney” before it can take any action — and

goes even further when the account being created is not for an existing customer.

But Karges, who has a certified power of attorney letter that gives her legal authority over her aunt’s finances, was stunned by the roadblocks she was getting.

The banks made an already difficult situation more stressful, she said. After repeated protests, she says CIBC finally allowed her to start paying bills, but it’s been a time-consuming process.

“It’s as if I have to get clearance from them,” she said.

“It’s been a struggle to get to this point. I couldn’t believe I had to go through all that ... I have a family, I have a full-time job. I’m running around doing all this power of attorney stuff, and it’s wasting my time.”

It’s been an eye-opening experience that’s taught her being a power of attorney comes with complications — and it’s something most people don’t think about until they’re in that situation, she said.

“I don’t know what more legal right I need. The law says if a person is unable to handle their affairs, that’s what a power of attorney is for,” Karges said.

“I’m just trying to help my aunt. Why can’t they work with me?”