What Happens If There's No Power of Attorney in BC?

Here is the assumption that costs BC families the most money: "If something happens to Mom, I'm her daughter — I'll just handle things." In British Columbia, you can't. No spouse, no adult child, no parent has automatic legal authority over another adult's finances or healthcare. That authority has to be granted in advance, in writing. Miss the window, and the only way in is a court application.

If a family member has already lost capacity with no power of attorney in place, here is exactly what you're facing — and it splits into two separate problems: healthcare and money.

Healthcare: the Temporary Substitute Decision-Maker

BC has a built-in fallback for medical decisions, so the news here is not all bad.

In a genuine emergency, healthcare providers can give necessary treatment without anyone's consent. Get medical help first; the paperwork sorts itself out later.

For non-emergency healthcare decisions, the provider selects a Temporary Substitute Decision-Maker (TSDM) from a statutory ranked list — spouse, then adult child, then parent, then sibling, and onward. The TSDM can consent to the specific treatment being proposed.

But the TSDM system has hard limits:

• It is decision-by-decision and temporary — it is not standing authority to manage someone's care.
• A TSDM cannot refuse life-supporting treatment. Only a Section 9 Representation Agreement or a valid Advance Directive can do that, and both must have been signed while the adult was capable.
• For ongoing healthcare authority, the family has to go to court for Committeeship of the Person.

So for a single consent, the TSDM list bridges the gap. For anything sustained — or for end-of-life decisions — it does not.

Money: this is where it gets expensive

There is no TSDM for finances. If your parent has lost capacity and there's no Enduring Power of Attorney, no one can legally pay their bills, manage their pension, or touch their accounts. The bank will simply refuse — and if you keep pushing, they may flag it as suspected financial abuse.

What you can still do depends on how much capacity remains:

If the adult can still communicate basic choices → a Section 7 Representation Agreement. This is BC's escape hatch, and it's the reason not every family ends up in court. An RA7 uses a far more inclusive capacity standard: an adult can sign one even with diminished capacity, as long as they can express choices, preferences, and feelings of approval or disapproval, and can show a trusting relationship with their chosen representative. An RA7 can authorize routine financial management (paying bills, managing income — but not real estate or credit) and healthcare. Signing one now can avoid the entire court process. See power of attorney for a parent with dementia in BC.

If capacity is fully gone and there are real assets → Committeeship. The family must apply to the BC Supreme Court under the Patients Property Act to be appointed Committee of the Estate (finances) and/or Committee of the Person (healthcare and living decisions). The application requires affidavits from two medical practitioners.

The true cost of having no power of attorney

Committeeship is what an EPoA and Representation Agreement exist to prevent, and the price tag shows why:

• Legal fees (uncontested): $7,500 to $10,000
• Medical affidavits (two physicians): $500 to $2,000
• Court filing fees and disbursements: around $500
• PGT review fee: $525
• Total, uncontested: roughly $10,000 to $12,500

And that's the smooth version. If a family member or the PGT contests the application, legal fees can exceed $10,000 per hearing day. Once appointed, a private committee must submit financial accounts to the PGT every year for review, at a fee scaled to the adult's assets.

If no family will act, the PGT takes over

If no one is willing or able to serve as committee, the Public Guardian and Trustee may become the statutory property guardian. The PGT then charges a 4% commission on capital, a 4% commission on income, and a 0.7% annual asset-management fee. For an estate of any size, those commissions add up fast — which is why avoiding this outcome is a major financial incentive, not just a convenience.

The lesson: a $25 registration beats a $12,000 court process

Everything above is triggered by one missing document. A properly signed and witnessed EPoA and Representation Agreement — plus a $25 registration with the Nidus Personal Planning Registry so hospitals can find them — replace a five-figure court process and months of delay.

If your parent still has capacity, the window is open now and it closes the moment it doesn't. If capacity is already slipping, the RA7 may still be signable — but only while they can express choices, so speed matters.

Our British Columbia Power of Attorney Kit walks you through both the prevention plan (EPoA + Representation Agreement, signed and witnessed correctly) and the emergency RA7 pathway if capacity is already in question — the difference between handling things in an afternoon and spending a year in court.

See more British Columbia guides →