Can my representative under a representation agreement access my bank account in British Columbia?
This answer covers the law of British Columbia.
A section 7 representation agreement can authorize your representative to help make, or make, decisions about the routine management of your financial affairs. A section 9 agreement does not cover finances, and an enduring power of attorney deals only with legal and financial affairs.
If the agreement gives authority over routine financial affairs, it must name a monitor, and without a required monitor that provision is invalid. No monitor is needed if the representative is your spouse, the Public Guardian and Trustee, a trust company or a credit union, or if two or more representatives must act unanimously. The agreement must be in writing and signed in front of 2 witnesses, or one if the witness is a lawyer or a member of the Society of Notaries Public of British Columbia. Certificates set out in the Representation Agreement Regulation must also be completed for a section 7 agreement to be effective.
Whether a particular bank accepts the document depends on the bank, so a lawyer can confirm. If a bank refuses, check that the agreement was signed, witnessed and certified correctly, and ask a lawyer about next steps. Anyone who believes a representative is failing in their duties may object to the Public Guardian and Trustee.
Key takeaways
- A section 7 agreement may authorize a representative to help make, or make, decisions about routine management of your financial affairs.
- An agreement with that financial authority must name a monitor unless the representative is a spouse, the Public Guardian and Trustee, a trust company or a credit union, or several representatives must act unanimously.
- A representative must act honestly and in good faith, use reasonable care and keep your accounts and records separate.
- Concerns about an adult's financial and legal affairs are reported to the Public Guardian and Trustee using its online reporting form.