More Things You Should Know About Being an Attorney
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Kevin Smith in January 2018. |
When you are appointed as an attorney under a power of attorney, here are more things you should know.
What if there are others involved in making decisions?
If there are multiple attorneys
The adult making a power of attorney may name more than one attorney.
For example, in making an enduring power of attorney, your friend Martina might name you and two other people as her attorneys. If so, the power of attorney document should set out how multiple attorneys are to act—for example, whether they can act on their own, as a group or in some combination. If it doesn’t, the attorneys must act unanimously. That means they have to all agree before they can act.
Where the power of attorney says one attorney can act independently, you must coordinate with any other attorneys and share information about decisions.
Even where you and another attorney don’t have to agree on all decisions, you cannot let another attorney do something that harms Martina. You are still responsible for her and must act in her best interest.
If the power of attorney names an alternate attorney
Martina may have named an “alternate attorney” to act for her if you are not able to be the attorney. An alternate attorney has no authority if you are willing and able to act as Martina’s attorney.
If there are other types of fiduciaries involved
Other fiduciaries may have authority to make decisions for Martina. For example, she may have a “committee” appointed by a court. This is a person appointed by a court to manage money and property for someone who needs help. When a court appoints a committee, every power of attorney given by the person is ended.
The Public Guardian and Trustee may become involved as a “statutory property guardian” if a person is determined to be incapable of managing their financial affairs. If this happens, every power of attorney given by person is suspended. The Public Guardian and Trustee will determine whether they should take over and end the power of attorney, or whether the attorney should continue to act.
Alternatively, the adult may have a “pension trustee”. This is a person appointed by a government agency to manage government money paid to someone (such as an Old Age Security pension). If Martina has a "pension trusteeship", your power of attorney should override that arrangement. Notify the person or agency appointed as pension trustee.
It is important to work with these other fiduciaries, and keep them informed.
How can you avoid problems with family or friends?
Family or friends may not agree with your decisions about Martina’s money and property. To help reduce any friction, follow the guidelines in the section "Four Key Duties of a Fiduciary".
Sharing information may help. For example, you might want to share any accounting records you prepare or summaries of how you’ve spent Martina’s money—unless Martina has said you should not. It usually is easier to deal with questions about a decision when it happens than to deal with suspicion and anger that may build over a long time. In the end, you have to make the final decisions.
Some family or friends may be so difficult that it is better not to share information with them. Use your best judgment.
If family or friends don’t agree with your decisions, try to get someone to help sort it out—for example, a family counselor or mediator. See the “Where to Get Help” section of this guide.
What should you know about working with professionals?
In managing Martina’s affairs, you may need help from professionals such as lawyers, financial advisors, accountants, real estate agents, appraisers, psychologists, social workers, doctors, nurses or care managers.
You can pay any professionals with Martina’s money if there are sufficient funds.
If you need help from any professionals, here are some tips.
- Check the professional’s qualifications. Many professionals must be licensed or registered by a government agency. Check their credentials with the government agency. Make sure the license or registration is current and the professional is in good standing. Check whether anyone has complained about the professional’s services. For lawyers, check with the Law Society of BC. For financial advisors, see the investRIGHT Know Your Advisor page.
- Interview the professional thoroughly. See the investRIGHT Conduct a Formal Interview page for questions to ask. See the Canadian Securities Administrator’s Check Before You Invest Workbook.
- Review contracts carefully before signing. Before hiring or “retaining” any professionals, get their proposed plan of work and expected fee. For investment fees, investRIGHT publishes a Fee Guide. You may want to get legal advice about any contract.
- Make your own decisions based on facts and advice. Listen to the professional’s advice, but keep in mind they are advising rather than making the decisions.
 Managing Someone Else's Money © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.
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