When a parent can no longer make decisions for themselves, adult children in BC face difficult legal and practical questions. Here's a clear guide to what happens and what you can do.
When a parent begins to lose capacity — whether through dementia, a stroke, a serious illness, or another cause — adult children often find themselves scrambling to understand what they can legally do, and who has the authority to act. The answer depends almost entirely on whether your parent planned ahead. Here's what you need to know in BC.
What "Losing Capacity" Means Legally
Legal capacity isn't all-or-nothing. A person may have capacity for some decisions (like what to eat or where to live) but not others (like managing investments or changing a will). Capacity is also decision-specific and can fluctuate, especially in the early stages of dementia.
In BC, two separate types of capacity matter:
- Financial/legal capacity — the ability to manage money, sign contracts, instruct a lawyer, or make a will
- Personal/healthcare capacity — the ability to make decisions about medical treatment, housing, and personal care
Different legal tools address each type.
If Your Parent Planned Ahead
If your parent made an Enduring Power of Attorney (EPA) while they had capacity, the named attorney can continue managing financial decisions after capacity is lost. This is one of the most important and underused legal tools in BC — an EPA made in advance avoids enormous costs and court processes later.
If your parent made a Representation Agreement, the named representative can make healthcare and personal care decisions on their behalf, including serious medical decisions if the agreement includes that authority (a "Section 9" Representation Agreement).
In both cases, the documents must have been made while your parent had capacity. Once capacity is lost, these documents cannot be created.
If Your Parent Did Not Plan Ahead
This is where things get significantly harder. Without an EPA or Representation Agreement in place, no one has automatic legal authority to manage a parent's affairs — not even a spouse or adult child.
To gain legal authority, you may need to:
*Apply for a committee order.* Under BC's *Patients Property Act*, a family member can apply to the BC Supreme Court to be appointed as "committee" — the legal manager of a person's financial affairs, personal affairs, or both. This process involves a medical certificate confirming incapacity, a formal court application, and ongoing reporting obligations. It's more expensive and time-consuming than a simple EPA, but it's the route available when no planning was done.
*Contact BC's Public Guardian and Trustee (PGT).* If there is no one suitable or willing to act as committee, or if there is a dispute among family members, the PGT can step in as a temporary or permanent committee.
What You Can Do in an Emergency
If your parent's health or safety is at immediate risk and there are no legal documents in place, you can contact:
- Adult Protection services (your regional health authority's designated agency) — they can investigate and intervene when an adult is being harmed or neglected
- The BC PGT — for urgent financial matters
- Police or emergency services — if there's immediate physical danger
For medical emergencies, healthcare providers will rely on the hierarchy of "temporary substitute decision makers" under the *Health Care (Consent) and Care Facility (Admission) Act*: a spouse or partner first, then an adult child, then other relatives, in that order — but only for healthcare decisions, and only in specific circumstances.
Practical Steps for Families
Even before a formal legal process is in place, there are practical steps adult children can take:
- Gather important documents (banking information, account numbers, insurance policies, property documents, any existing legal documents)
- Contact financial institutions to let them know about your parent's situation — many banks have protocols for this
- Connect with your parent's doctor, who can help with capacity assessments and referrals to appropriate services
- Consult a lawyer early — the sooner you get legal advice, the more options you typically have
A Note on Family Conflict
Incapacity situations often surface or intensify family conflict — especially when one sibling is the primary caregiver, another lives far away, and there's no written plan. If family members disagree about who should be in charge or what decisions should be made, the courts can resolve it — but litigation is slow and expensive. A mediator with experience in elder law matters can sometimes help families reach agreement faster and with less damage to relationships.
No. In BC, there is no automatic spousal authority to manage another person's finances after they lose capacity. Without an Enduring Power of Attorney in place, even a spouse must apply to the BC Supreme Court for a committee order to gain legal authority.
A committee order is a BC Supreme Court appointment that gives a person legal authority to manage the financial and/or personal affairs of someone who no longer has capacity. It's the main legal route when no EPA or Representation Agreement was made in advance.
Not lawfully. Without an EPA, committee order, or being a joint account holder, you do not have legal authority to transact on a parent's account. Banks may allow limited access in genuine emergencies, but formal authority is needed for ongoing management.
A will made before capacity was lost remains valid. But a parent cannot make a new will or change an existing one after losing testamentary capacity. If they had no will and now lack capacity, the intestacy rules will apply when they die — their estate is distributed by law, not by their wishes.