- A representative must act honestly and in good faith, use reasonable care, stay within their authority and keep the adult's accounts and records separate.
- Any person can object to the Public Guardian and Trustee if there is reason to believe a representative is failing in their duties.
- The Public Guardian and Trustee can investigate, appoint a monitor or apply to court, and the court can cancel all or part of an agreement.
You may have noticed that an adult's money is disappearing, or that a representative is making choices that do not seem to fit the adult's wishes. It is hard to know whether to speak up, and to whom.
In British Columbia, a representation agreement is meant to let an adult arrange in advance how decisions will be made if they become incapable. There are checks built into the system. This article explains what a representative must do, who can step in, and how to raise a concern.
This article covers the law of British Columbia.
What a representative is supposed to do
A representative must act honestly and in good faith, use reasonable care and stay within the authority the agreement gives them. They must also consult the adult, to the extent reasonable, about the adult's current wishes, and keep the adult's accounts and records separate from their own.
If the adult's wishes are not known, the representative acts on the adult's known beliefs and values, or in the adult's best interests if those are also unknown. Signs of a problem often show up as a breach of one of these duties.
- Using the adult's money for the representative's own purposes, or mixing it with their own money.
- Acting outside what the agreement allows.
- Ignoring the adult's current wishes without a good reason.
- Refusing to show accounts and records when asked.
The monitor and automatic cancellation
If an agreement gives authority over routine financial affairs, it must generally name a monitor, and without a required monitor that provision is invalid. No monitor is required if the representative is the adult's spouse, the Public Guardian and Trustee, a trust company or a credit union, or if two or more representatives must act unanimously.
A monitor must make reasonable efforts to check that the representative is meeting their duties. The monitor may require the representative to produce accounts and records, and must tell the Public Guardian and Trustee if concerns remain.
Financial provisions are also cancelled automatically on certain events, such as the bankruptcy of the adult or the representative, or the representative's conviction for an offence involving dishonesty.
Objecting to the Public Guardian and Trustee
Any person may object to the Public Guardian and Trustee if there is reason to believe a representative is failing in their duties, the adult lacked capability, or there was undue pressure or abuse. You do not have to be family.
The Public Guardian and Trustee may also investigate on its own initiative, and may then take steps such as appointing a monitor or applying to court. It may investigate and audit the affairs, dealings and accounts of a representative who has failed to comply with their duties, and may require them to produce accounts and records. If they refuse, it may apply to court.
In urgent cases, the Public Guardian and Trustee may tell a financial institution not to allow withdrawals from an adult's account. The step lasts up to 30 days and cannot continue for more than 120 days in total.
Going to court
On application, the court may confirm a change to or revocation of a representation agreement, or cancel all or part of it. The court may also give directions on interpreting an agreement, and court costs may be paid from the adult's assets.
There is a limit. The court may not override the adult's wishes unless the adult is incapable, the order is in the adult's best interests, and the court gives reasons. An adult who is capable may also change or revoke their own agreement at any time, following the required procedure and giving written notice.
| Option | Who acts | What can result |
|---|---|---|
| Monitor review | Monitor | Records requested; concerns passed to the Public Guardian and Trustee |
| Objection or investigation | Public Guardian and Trustee | Audit, monitor appointed or court application |
| Court application | Court | All or part of the agreement cancelled |
How to make a report and what to do next
Concerns about an adult's financial and legal affairs are reported to the Public Guardian and Trustee using its online form, Report concerns about an adult's financial and legal affairs. Assessments and Investigations can be reached at 1-877-511-4111. Form names and phone numbers change, so confirm them with the Public Guardian and Trustee before you rely on them.
- Write down what you saw, with dates and amounts as best you can.
- Gather any copies of the representation agreement, bank statements or records you can lawfully access.
- Note whether the agreement names a monitor, and who it is.
- Report your concerns to the Public Guardian and Trustee.
- If the adult is in immediate danger of harm or loss, say so clearly when you report.
- Speak with a lawyer if you are considering a court application.
Frequently asked questions
Do I have to be a family member to report a concern?
No. Any person may object to the Public Guardian and Trustee if there is reason to believe a representative is failing in their duties, the adult lacked capability, or there was undue pressure or abuse.
Can the Public Guardian and Trustee freeze the adult's bank account?
In urgent cases, it may tell a financial institution not to allow withdrawals from the adult's account. The step lasts up to 30 days and cannot continue for more than 120 days in total.
Can a court cancel a representation agreement?
On application, the court may cancel all or part of an agreement. It may not override the adult's wishes unless the adult is incapable, the order is in the adult's best interests, and the court gives reasons.
Does the representative have to show their records?
A monitor may require the representative to produce accounts and records. The Public Guardian and Trustee may also require them to produce accounts and records, and may apply to court if they refuse.
Sources
- Representation Agreement Act, RSBC 1996, c. 405, s. 2 — bclaws.gov.bc.ca
- Public Guardian and Trustee Act, RSBC 1996, c. 383, ss. 17, 18 — bclaws.gov.bc.ca
- Public Guardian and Trustee of BC – Assessment and Investigation Services Referral — trustee.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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