British Columbia Law
What Happens If a Parent Gets Dementia in BC? Legal Steps to Take
A dementia diagnosis changes everything — for the person living with it and for the family around them. Along with the emotional weight comes an urgent set of legal questions that most families aren't prepared for.
This guide explains the legal landscape in BC when a parent develops dementia, what steps to take, and when to take them.
Act Early, While Capacity Remains
The single most important thing to know: the time to get legal documents in place is before a person loses capacity.
Under BC law, a person must have legal capacity to sign:
- A Will
- An Enduring Power of Attorney (EPA)
- A Representation Agreement (Section 9)
Once dementia has progressed to the point of incapacity, none of these documents can be created. If your parent has not made these documents, encourage them to do so as soon as possible after a diagnosis — often there is a meaningful window of capacity in the early stages.
Key Documents Your Parent Needs
1. Enduring Power of Attorney (EPA)
Appoints someone (an "attorney" — not a lawyer, just a trusted person) to manage financial and legal affairs. Unlike a regular POA, an EPA remains valid after the maker loses capacity — which is what makes it essential for dementia planning.
2. Representation Agreement (Section 9)
Appoints someone to make health-care and personal care decisions, including consenting to or refusing medical treatment and choosing a care facility. Section 9 must be signed while the person has full legal capacity.
3. Will
Ensures assets are distributed according to your parent's wishes. A Will can only be made or changed while the person has testamentary capacity. Dementia does not automatically mean incapacity — each case is assessed individually — but delay increases risk.
What If Your Parent Already Lacks Capacity?
If dementia has already progressed and your parent has no legal documents in place, the options are more limited:
- Committee application — Apply to BC Supreme Court under the *Patients Property Act* for appointment as committee of person and/or estate. This grants legal authority to act on your parent's behalf, but the process takes months and involves court costs.
- Public Guardian and Trustee (PGT) — If no family member can serve as committee, the PGT may step in to protect the adult's financial and personal interests.
- Section 7 Representation Agreement — In some cases, a Section 7 RA can still be signed by an adult with limited capacity, as the threshold is lower than Section 9. A lawyer experienced in elder law can assess whether this is still an option.
Practical Steps for Families
- Consult a BC lawyer as soon as possible — even a brief conversation clarifies what documents are still possible and what timeline you're working with.
- Gather financial information — bank accounts, investments, property, pension income, debts. You'll need this whether managing informally or through a formal legal process.
- Contact care facilities early — wait lists for assisted living and residential care in BC are long. Starting the search early means more choices.
- Talk to your parent's doctor — a diagnosis letter and capacity assessment may be needed for legal processes.
- Check for existing documents — some people have EPAs or Representation Agreements they made years ago. Look in filing cabinets, with their bank, or with a lawyer they previously used.
Protecting Your Parent's Assets
Elder financial abuse — whether by strangers, acquaintances, or family members — increases significantly as cognitive decline advances. If you have authority through an EPA:
- Keep thorough records of every transaction
- Avoid mixing your parent's funds with your own
- Never accept gifts from your parent unless clearly documented and appropriate
- Be prepared to account to the PGT if asked
How Sea to Sky Law Can Help
Andrew Liggett helps BC families navigate the legal side of a dementia diagnosis — whether that means urgently completing planning documents while capacity remains, advising on committee applications, or simply explaining the options available at each stage. Every family's situation is different; the right answer depends on where your parent is in their journey.
This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.