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home > Issues > Elder
Abuse > Fact Sheet #5
FACT SHEET #5
B.C. COALITION TO ELIMINATE ABUSE OF SENIORS
FACT SHEET #5
POWERS
OF ATTORNEY
Seniors often ask
about giving a family member, or trusted friend, a Power of
Attorney. They are often not aware of the different types
of Powers of Attorney or, that a Power of Attorney
may be revoked at any time.
TYPES OF POWERS OF
ATTORNEY
A BANKING POWER OF
ATTORNEY which is specific to one bank,
plus only at this branch, and for a specific account.
A SPECIFIC POWER
OF ATTORNEY allows the “attorney”
to complete some specific tasks, such as the power to sell
a piece of property or to write cheques. It ends once the
specific task has been completed.
A GENERAL POWER OF
ATTORNEY allows the “attorney” to
make general decisions about property and finances. It ends
on the date specified, or if the person becomes incapable,
(unless there is an enduring clause).
AN ENDURING POWER
OF ATTORNEY CLAUSE allows the “attorney”
to continue to act even if, for some reason, the person becomes
mentally incapable (a specific or general Power of Attorney
ends once the person becomes mentally incapable). It ends
when the person dies, or the court appoints someone to manage
their affairs.
Note: Changes in
legislation coming into effect February 28, 2000 are expected
to affect Enduring Powers of Attorney. For updated information,
please call (604) 775-0847. Public Trustee of British Columbia.
POWERS
OF ATTORNEY (CONT’D)
Most people have family
or friends who provide assistance in an informal
way. However, sometimes a more formal response may be needed
and you can help by agreeing to act in one of three ways:
- you can agree to accept a
Power of Attorney
- you can become a Trustee of
Government Pension Income
- or you can be appointed by
the Provincial Courts to legally represent someone (this
is called Committee of the Estate)
When you help someone
in any one of these three ways, you are in a position
of trust and are expected to act in accordance with the wishes
and best interests of the person you are assisting.
A Power of Attorney
is an important document, one that can work well for people.
Unfortunately it can also be a tool that can allow the Attorney
to misuse/abuse it. Therefore, it is extremely
important that both parties fully understand what is entailed,
and that they know if it is misused/abused what the consequences
could be.
Most people wish to take
on the role of Attorney
for all the right reasons however, access to assets can be
a powerful motivation to greed. Some types of financial abuse
are a criminal offence, such as theft or fraud.
Examples of misuse/abuse
are:
- removing/selling assets, property,
without permission
- using money without permission
- cashing in RRSP’s/RIF’s
without permission
- using the senior’s bank
card to withdraw cash from the machine (often large sums)
without their knowledge
- using the senior’s pension
cheque, without permission, for their own needs
FACT SHEET #5
B.C. COALITION TO ELIMINATE ABUSE OF SENIORS
FACT SHEET #5
333 - 6TH STREET - NEW
WESTMINSTER, BC V3L 3A9
Telephone: (604) 521-1235
Fax: (604) 515-0201
FUNDED BY:
THE LEON AND THEA KOERNER FOUNDATION AND THE HAMBER FOUNDATION
Read
other fact sheets in this series:
This
page last updated October 25, 2000.
Copyright (c) 1996 BC
Institute Against Family Violence.
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