What can you do in British Columbia if a representative is misusing their authority?
This answer covers the law of British Columbia.
If you think a representative is misusing their authority, you can object to the Public Guardian and Trustee (PGT), and the PGT can investigate and take steps such as appointing a monitor or applying to court. Anyone may object if there is reason to believe the representative is failing in their duties, the adult lacked capability, or there was undue pressure or abuse.
A representative must act honestly and in good faith, use reasonable care, stay within their authority, consult the adult about current wishes and keep the adult's accounts and records separate. The PGT may audit a representative and require accounts and records, and may apply to court if they refuse. In urgent cases it can tell a financial institution to stop withdrawals for up to 30 days, and no more than 120 days in total.
A court can cancel all or part of an agreement or give directions, but it cannot override the adult's wishes unless the adult is incapable, the order is in their best interests and the court gives reasons. Committeeship is only a last resort after other options have been explored. Check the PGT's reporting form and the 1-877-511-4111 number before relying on them.
Key takeaways
- A monitor, where there is one, must make reasonable efforts to check that the representative is following their duties and can require accounts and records.
- Financial provisions in an agreement are cancelled automatically on events such as the bankruptcy of the adult or the representative, or the representative's conviction for an offence involving dishonesty.
- Anyone with information that an adult is abused or neglected may report it to a designated agency, which must determine whether the adult needs support and assistance.
- Court costs may be paid from the adult's assets, so it is worth getting legal advice on your options before you apply.