Family conflict over an aging parent's care, finances, or living situation is more common than most people expect — and it can escalate into serious legal disputes. Here is how BC law handles these situations and what you can do.
What can you do when your family disagrees about an adult's care in BC?
I have practised law in British Columbia since 1991, and I advise families on adult guardianship. Here are the options under BC law.
When an aging parent begins to lose capacity, families often discover they have very different views about what the parent needs, what they would have wanted, and who should be making decisions. These disputes can be painful, complex — and legally significant.
British Columbia has a detailed framework for making decisions about incapacitated adults. Understanding how it works can help families navigate these situations before they end up in court.
The Legal Framework for Adult Decision-Making in BC
BC has several overlapping statutes that govern decision-making for incapacitated adults:
- Power of Attorney Act — governs enduring powers of attorney (EPOAs) for financial decisions
- Representation Agreement Act — governs representation agreements for personal care and health decisions
- Adult Guardianship Act — governs the court process for appointing a committee when no planning documents exist
- Health Care (Consent) and Care Facility (Admission) Act — governs consent to health care for adults
When Planning Documents Exist
If the parent made an enduring power of attorney (EPOA) and/or a representation agreement while they had capacity, those documents generally control.
Family disputes arise when:
- Multiple people are named as attorneys or representatives, and they cannot agree
- One family member believes the named attorney is acting against the parent's interests (misusing funds, making poor health decisions, isolating the parent)
- The parent revokes or changes their documents near the end of their capacity, raising questions about whether they had capacity to do so
What You Can Do
If you believe an attorney under an EPOA is misusing their authority:
- Report concerns to BC's Public Guardian and Trustee (PGT), which has investigative powers
- Apply to BC Supreme Court to account for the attorney's decisions
- Apply to have the EPOA set aside if it was made under undue influence or without capacity
- In serious cases, apply for a court-ordered committee to replace the attorney
If you believe a representative under a Representation Agreement is making harmful health decisions:
- Report concerns to the Representation Agreement Resource Centre
- Seek a review by the Monitor named in the agreement (if there is one)
- Apply to BC Supreme Court for a declaration about the validity of the agreement or the representative's authority
When No Planning Documents Exist
If a parent becomes incapacitated without having signed an EPOA or Representation Agreement, the family must apply to BC Supreme Court for a committeeship order under the *Patients Property Act*. A committee:
- Is appointed by court order
- Can be a committee of person (responsible for personal care and health decisions), estate (responsible for financial decisions), or both
- Is supervised by the court and must file annual accounts
Who can apply to be committee? Any person — including family members. If multiple family members apply, or if there is disagreement about who should be appointed, the court decides based on the best interests of the adult.
The Public Guardian and Trustee can also be appointed as committee of estate if no suitable family member is available or willing.
Mediation for Family Disputes
Many family disputes about elderly parents' care can be resolved through mediation without the cost and stress of court proceedings. A mediator can help family members:
- Share information about the parent's condition and needs
- Understand each other's concerns
- Reach agreement on care arrangements and financial management
- Avoid the trauma of contested litigation
Mediation is particularly effective when the dispute is about preferences or values rather than genuine concerns about wrongdoing.
Warning Signs of Elder Financial Abuse
If you suspect a family member who holds an EPOA is misusing a parent's money, watch for:
- Unexplained withdrawals from bank accounts
- Changes to beneficiary designations
- New or changed wills made after incapacity began
- Isolation of the parent from other family members
- Deterioration in the parent's living conditions despite sufficient assets
Report concerns to the Public Guardian and Trustee at 604-660-4444 (Lower Mainland) or 1-800-663-7867 (BC-wide).
Sea to Sky Law Can Help
Andrew Liggett BA JD CD advises BC families navigating adult guardianship disputes, EPOA concerns, and committeeship applications. Whether your goal is to protect a parent's interests or to resolve a family conflict before it reaches court, we can help.
Report your concerns to BC's Public Guardian and Trustee, which can investigate. You can also apply to BC Supreme Court to have the attorney provide an accounting of all financial decisions, or to have the power of attorney set aside if it was obtained improperly.
A committee is a person appointed by BC Supreme Court under the Patients Property Act to make decisions for an incapacitated adult — either personal care decisions (committee of person), financial decisions (committee of estate), or both.
Yes. If multiple family members apply to be committee, or object to another family member's application, the court holds a hearing and decides who is best suited to act in the incapacitated adult's best interests.
Yes — family mediation is often very effective for elder care disputes. A neutral mediator helps family members reach agreement on care arrangements, financial management, and decision-making — avoiding the cost and stress of contested court proceedings.
When an adult can no longer make some decisions for themselves, British Columbia law offers supports such as representation agreements and, in some cases, a court-appointed committee or guardian. Family disagreements about who should take on this role are common and can be painful.
The court focuses on the adult's own needs and wishes, as far as they can be known, along with the proposed decision-maker's suitability. Medical and capacity assessments often play an important role in these decisions.
Early conversations, written records of the adult's previous wishes, and an honest look at each family member's ability to help can reduce conflict. A phone or secure video consultation is a good way to explore your options.