What Happens If a Representative or Attorney Misuses Money in British Columbia?
This answer covers the law of British Columbia.
If you suspect misuse, you can report your concerns to the Public Guardian and Trustee (PGT). Any person may object to the PGT if there is reason to believe a representative is failing in their duties, and the PGT may investigate on its own and then take steps such as appointing a monitor or applying to court. Concerns about an adult's financial and legal affairs are reported through the PGT's online form, and Assessments and Investigations can be reached at 1-877-511-4111.
The PGT may audit the accounts of a representative, guardian or attorney who has not complied with their duties, and require them to produce accounts and records. In urgent cases, it may tell a financial institution not to allow withdrawals, for up to 30 days and no more than 120 days in total.
You can also go to court. The court may terminate all or part of an enduring power of attorney or declare it void, or cancel all or part of a representation agreement. A lawyer can help you choose the right route.
Key takeaways
- Any person may object to the Public Guardian and Trustee if there is reason to believe a representative is failing in their duties.
- Concerns about an adult's financial and legal affairs are reported through the Public Guardian and Trustee's online form, or by calling Assessments and Investigations at 1-877-511-4111.
- The Public Guardian and Trustee may investigate and audit the accounts of a representative, guardian or attorney who has failed to comply with their duties, and require them to produce accounts and records.
- The court may terminate all or part of an enduring power of attorney, or cancel all or part of a representation agreement.