British Columbia Law

Elder Financial Abuse in BC: Signs, Legal Protections, and What You Can Do

By Andrew Liggett, Sea to Sky Law, New Westminster, BC

Elder financial abuse is one of the most prevalent and least reported forms of abuse in British Columbia. It happens when someone uses an older adult's money, property, or assets without their informed consent — and it's far more common than strangers stealing bank card numbers. In many cases, the person responsible is a family member, caregiver, or trusted advisor.

What Counts as Elder Financial Abuse in BC?

Elder financial abuse includes:

• Unauthorized use of a power of attorney to benefit the attorney rather than the adult
• Forging signatures on cheques, property transfers, or legal documents
• Pressuring an older adult to change a Will, add someone to title, or make gifts
• Stealing cash, property, or valuables
• Overcharging for services or not providing services paid for
• Isolating an adult from family to gain financial control
• Convincing an older adult to invest in fraudulent schemes

Crucially, it often happens gradually — small withdrawals, then larger ones; gifts that become loans that are never repaid; a Will that changes repeatedly in favour of one person.

Why Older Adults Are Vulnerable

Several factors increase risk:

• Cognitive decline — dementia or memory loss makes it harder to track transactions or recognize manipulation
• Social isolation — adults who depend heavily on one person for daily help are at higher risk
• Trust — most financial abuse in BC is committed by someone the adult knows and trusts
• Reluctance to report — victims often don't want to get a family member in trouble or fear losing their caregiver

Legal Protections in BC

Adult Guardianship Act

BC's *Adult Guardianship Act* authorizes designated agencies (such as health authorities) to investigate abuse of adults who can't protect themselves. If abuse is confirmed, they can arrange protective interventions, including involving the Public Guardian and Trustee (PGT).

Public Guardian and Trustee (PGT)

The PGT can investigate concerns about financial abuse of incapable adults and, if necessary, apply to become their committee of estate to protect their assets. If you have serious concerns, you can contact the PGT directly.

Criminal Law

Elder financial abuse can also constitute criminal fraud, theft, or breach of trust under the *Criminal Code of Canada*. Police reports are appropriate when clear theft or fraud has occurred.

Civil Litigation

An adult who has suffered financial abuse — or their legal representative — can sue to:

• Recover stolen or misappropriated assets
• Challenge Wills or property transfers made under undue influence or when the adult lacked capacity
• Seek repayment from an attorney who abused their power of attorney authority

Warning Signs to Watch For

• Unexplained bank withdrawals or transfers
• Changes to a Will or POA shortly before or after a health crisis
• A new "friend" or caregiver with unusual financial access
• Unpaid bills or utilities despite adequate income
• The older adult seems confused about their own finances or says someone else handles everything
• Reluctance to speak privately with a doctor, lawyer, or family member

What Can You Do?

1. Contact the Seniors First BC helpline — 1-866-437-1940 — for guidance on what to do next
2. Contact the PGT if the adult is incapable and their finances are at risk
3. Speak to a BC lawyer about civil remedies, particularly if assets have been transferred or a Will changed inappropriately
4. Report to police if theft or fraud is clearly occurring
5. Contact the adult's bank — financial institutions in BC have increasing obligations to flag and delay suspicious transactions involving older or vulnerable clients

Protecting Your Own Future

The best legal protection against financial abuse is proper planning done early, on your own terms:

• A carefully drafted Enduring Power of Attorney with a trusted attorney — and a backup attorney
• A Will that reflects your actual intentions, reviewed
• Multiple trusted people aware of your financial situation
• Regular contact with family and friends so no single person can gain total control

Sea to Sky Law can help you review or create planning documents that include safeguards against misuse.

This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.