For Older Adults
Frequently Asked Questions
Q: Someone I care about is being mistreated. What can I do to help? Who can I turn to?
A: For a list of contacts of who to call if you suspect adult abuse and neglect, click here . (all of Canada)
Also, in most Canadian jurisdictions, reports of abuse or neglect can be made to your Public Guardian and Trustee, a local health authority, or a community response network. In many cases you may also wish to contact your local police as many forms of mistreatment are criminal.
The Canadian Network for the Prevention of Abuse of Seniors is a wonderful resource of information, statistics and more.
In Ontario, you can contact the Advocacy Centre for the Elderly, which is Canada’s only legal aid clinic specifically for older adults. They have up-to-date information on elder law issues on their website.
In BC, you can also call the BC Coalition to Eliminate the Abuse of Seniors for support and advice on how to proceed at (604) 437-1940.
Note: All capable adults have a right to make decisions for themselves, by themselves, and to live at risk. Make sure to talk to the person you care about first if possible before proceeding with outside intervention.
Q: I need a lawyer or some legal advice about an elder law issue. How do I find this?
A: Try any of the resources outlined below. For more information link to the Resources portion of this website.
Generally:
Contact the Law Society in your jurisdiction and ask about any referral services to an elder law lawyer. You can also contact the Canadian Bar Association and find a member of the local elder law section.
In British Columbia:
Contact the Law Society to locate a particular lawyer at (604) 669-2533.
For referral to a lawyer in your area to help you with your current legal need, call the Lawyer Referral Service at (604) 687-3221 and at http://www.cba.org/BC/Initiatives/main/lawyer_referral.aspx. The Lawyer Referral Service operates by telephone service. Please call during business hours, 8:30am – 4:30pm, Monday – Friday at 604.687.3221 or 1.800.663.1919. Operators are available to take your call. Once the area of law is determined the operator will provide you with the name and telephone number of a lawyer in your geographical area. You contact the lawyer to set up an appointment to meet. You are entitled to up to a half hour consultation for $25 (plus taxes). This consultation is to determine whether or not you have a legal problem. If you know you have a legal problem and need to hire a lawyer, the Lawyer Referral Service can help you find a lawyer at their regular rate. Out-of-province and country requests can email lawyerreferral@bccba.org.
For legal advice, legal information, help with legal documents and procedures, and referral to other resources contact the Law Line at (604) 408-2172 or toll free at 1-866-577-2525.
Ask someone you trust for a personal referral.
Q: What should I know about a Power of Attorney / Enduring Power of Attorney?
A: Usually, Powers of Attorney do not require a lawyer to create. However, Power of Attorney fraud is one of the fastest growing areas of crime in Canada and the duties and responsibilites under a Power of Attorney may be very poorly understood. Once you sign a Power of Attorney, the person you chose currently has immediate ability to sign your name and make financial decisions on your behalf. The CCELS strongly recommends careful consideration when making a Power of Attorney and suggests independent legal advice for both parties.
Q: How much does a will / Power of Attorney / Enduring Power of Attorney / Representation Agreement cost for a lawyer to do this? Can a notary make these too?
A: Some simple planning documents can be very inexpensive and different lawyers charge different amounts. Usually the cost of having a lawyer create your personal planning documents will depend on how complex the matter is. Call around, comparison shop and ask for referrals from a trusted friend or adviser. Some lawyers have specialities in this area. It may be wise to look for somebody that you trust with a specialty in this kind of work. Contact the Canadian Bar Association for more information about the Wills and Estates subsection and the Elder Law subsection. Notaries can do some of these planning documents in some Canadian jurisdictions.
Q: What is the difference between a regular Power of Attorney and an Enduring Power of Attorney?
A: A “regular” Power of Attorney ends when the person giving it is no longer capable. An Enduring Power of Attorney contains a clause specifically stating that the power to execute financial decisions on behalf of the person making the Power of Attorney will continue even when they are incapable and are no longer able to oversee the management of this power. Independent legal advice for both parties considering executing a power of attorney is strongly recommended.
Q: I think my friend or family member should have a will / Power of Attorney (finance) / Advance Health Care Planning document (such as a Power of Attorney for Personal Care in Ontario, a Representation Agreement in BC etc). Can I make one for him/her?
A: No. Only an individual capable adult (over the age of majority in your jurisdiction) can create any of these planning tools for themselves. No one eles can make one. Capable adults have the right to make or not to make planning decisions.
Q: I am the executor of my friend or family member’s will. Does this let me make health care decisions or financial decisions for them while they are alive?
A: No. An executor of a will is an important responsibility which only comes into force after the death of the testator (person making the will). You have no rights as an executor to make any health care or financial decisions while the testator is alive unless you have other rights under a guardianship, a Power of Attorney (financial decisions) or a advance care health care planning document (health care decisions)
For Residents of British Columbia:
Q: I am a resident of British Columbia and I’ve made my will and want to register it. Where do I go? Do they take a copy of my will?
A: You can file a Wills Notice at the offices of Vital Statistics http://www.vs.gov.bc.ca/wills/index.html. This is a voluntary registration and has a small one-time cost associated with it. No, they do not take a copy of your will; rather, there is a standard form of information to fill out, including information as to where your will is being kept.
Q: I am a resident of British Columbia and I’ve made my Representation Agreement and want to register it. Where do I go? Do they take a copy of my Representation Agreement?
A: To register your Represenation Agreement contact www.rarc.ca. This is a voluntary registration and has a small one-time cost associated with it. Yes, they do take a copy of your Represenation Agreement.
Q: I am a resident of British Columbia and I’ve made my Enduring Power of Attorney and want to register it. Where do I go? Do they take a copy of my Enduring Power of Attorney?
A: To register your Enduring Power of Attorney contact www.rarc.ca. This is a voluntary registration and has a small one-time cost associated with it. Yes, they can take a copy of your Enduring Power of Attorney.