How Do I Report Abuse or Misuse of a Power of Attorney in British Columbia?
This answer covers the law of British Columbia.
In British Columbia, anyone who has reason to believe an attorney is abusing or neglecting an adult, or is not following the enduring power of attorney or an attorney's duties, can report it to the Public Guardian and Trustee. The report can also cover fraud or undue pressure used to get the adult to make, change or revoke the document.
The Public Guardian and Trustee must promptly review a report and may investigate whether it is valid. Someone who reports is protected from a damages claim unless they acted falsely and maliciously. If you know an adult is being abused or neglected and cannot seek help, you can report it to a designated agency, such as a regional health authority or Community Living BC. Abuse includes deliberate mistreatment that causes financial harm, and the agency may investigate. If the agency believes a crime was committed against the adult, it must tell the police.
The Public Guardian and Trustee, or a person who reported, may apply to the BC Supreme Court, which can terminate all or part of the enduring power of attorney. Which route fits depends on your facts, and a lawyer can help you choose.
Key takeaways
- Anyone with reason to believe an attorney is abusing or neglecting the adult, or not following the document or their duties, can report to the Public Guardian and Trustee.
- The Public Guardian and Trustee must promptly review a report and may investigate, and it can also investigate without one.
- A designated agency such as a regional health authority can look into abuse, including deliberate mistreatment that causes financial harm, and must tell police if it believes a crime was committed.
- The BC Supreme Court can terminate all or part of an enduring power of attorney when the Public Guardian and Trustee or a person who reported applies.