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Elder Law · BC

Elder Law

Protecting BC seniors — and the families who care for them.

Elder law intersects directly with family law: late-life separation (grey divorce), incapacity planning, estate protection, and elder abuse are all family legal issues. Sea to Sky Law™ provides sensitive, experienced elder law counsel that coordinates seamlessly with your family matter.

Grey Divorce & Elder Law — Converging Issues

Later-life separation presents unique legal challenges: pensions, retirement income, long-term care, and estate planning all require coordinated handling. We help seniors and their families navigate these transitions with the care, expertise, and discretion the situation demands.

How we can help

Later-life separation — what lawyers call "grey divorce" — is one of the fastest-growing categories of family law in British Columbia. It presents unique challenges: dividing decades of accumulated assets, pension income, RRSPs, and retirement savings; resolving spousal support for spouses who have been out of the workforce for years; and coordinating estate plans, powers of attorney, and healthcare directives that were built around a marriage that no longer exists.

BC's adult guardianship and personal planning legislation provides powerful tools — representation agreements, enduring powers of attorney, and healthcare directives — that every adult should have in place before incapacity occurs. The intersection of these planning documents with family law is direct: at separation, all existing documents must be reviewed, and new ones must be prepared promptly.

Elder financial abuse — where a family member, caregiver, or partner exploits a senior's assets or trust — requires urgent legal response. We help families identify, document, and take legal action to protect vulnerable seniors and recover misappropriated assets, using the full range of BC's civil remedies.

Key legislation

Common questions

What is elder law in BC?

Elder law covers the legal issues most likely to affect BC seniors and their families: grey divorce (later-life separation), enduring powers of attorney, representation agreements, healthcare directives, capacity planning, elder financial abuse, adult guardianship, and estate planning for seniors. Sea to Sky Law™ has advised BC seniors and their families since 1991.

What is an enduring power of attorney in BC?

An Enduring Power of Attorney (EPOA) authorizes a trusted person to manage your financial and legal affairs if you become incapacitated. It must say 'enduring' to remain valid after incapacity — a regular POA becomes void when you lose capacity. Without an EPOA, your family may need to apply to BC Supreme Court for committeeship, which costs $5,000–$15,000+ and takes months. Everyone over 19 in BC should have one.

What is a representation agreement in BC?

A Representation Agreement (RA) authorizes someone to make healthcare and personal care decisions on your behalf if you cannot make them yourself. In BC, a Section 9 RA allows broad healthcare decision-making authority; a Section 7 RA covers routine personal care. It is the BC healthcare directive equivalent and is essential for anyone who wants their healthcare wishes honoured — without one, doctors may make decisions your family cannot override.

What is grey divorce and what are the unique challenges in BC?

Grey divorce refers to separation or divorce among couples aged 50 and older — one of the fastest-growing categories of BC family law. The unique challenges include: dividing pension and retirement income (CPP division, pension division orders, RRSP/RRIF splits), long-term spousal support for a spouse who left the workforce decades ago, dividing the family home when both spouses are near retirement, and immediately updating all estate plans, powers of attorney, and beneficiary designations. Andrew Liggett has extensive experience with later-life separations.

How do I protect an elderly parent from financial elder abuse in BC?

Financial elder abuse — where a family member, caregiver, or partner exploits a senior's assets — is the most common form of elder abuse in BC. Key protections: a properly drafted EPOA with a trusted attorney, regular account monitoring, and legal intervention if abuse is suspected. BC's Adult Guardianship Act provides legal remedies including urgent orders to freeze assets and remove an abusive attorney. Contact Sea to Sky Law immediately if you suspect elder financial abuse — the sooner action is taken, the more assets can be recovered.

What happens if someone in BC becomes incapacitated without a power of attorney?

If a BC adult becomes incapacitated without an Enduring Power of Attorney, their family has no automatic legal authority to manage their finances. The only remedy is a Committeeship application to BC Supreme Court — a court process that costs $5,000–$15,000+, takes several months, and involves ongoing court oversight. This situation is entirely preventable with a properly drafted EPOA prepared while the person still has capacity.

Do common law spouses have elder law rights in BC?

Common law spouses in BC (couples who have lived together for 2+ years in a marriage-like relationship) have many of the same rights as married spouses, including spousal support entitlement at separation, property division rights under the Family Law Act, and inheritance rights if named in a will. However, without a will, a common law spouse's intestate inheritance rights are more limited than a married spouse's. Estate planning — a will, EPOA, and RA — is especially important for common law senior couples.

Related areas

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

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