To the Legislative Assembly of British Columbia:

We, the undersigned, respectfully petition the Government of British Columbia to amend the Power of Attorney Act to introduce mandatory transparency requirements for attorneys acting on behalf of a principal, particularly in relation to the immediate family members of the principal.

Background: Under the current British Columbia Power of Attorney Act, attorneys are granted significant authority to manage the financial and legal affairs of the principal. While this is essential for the protection and care of the principal, it can also lead to situations where the principal’s immediate family members are left unaware of critical decisions, financial transactions, or the overall management of the principal’s affairs. This lack of transparency can result in mistrust, family disputes and, in some cases, a significant potential for financial abuse.

Proposal: We propose that the Power of Attorney Act be amended to include the following provisions:

Transparency, Accountability and Mandatory Reporting: To ensure accountability, attorneys should not only be required to keep accurate records of all actions taken on behalf of the principal but they should also be required to provide monthly detailed reports to the principal’s immediate family members (e.g., spouse, children, siblings) on the actions taken on behalf of the principal. The monthly reporting should include a summary of financial transactions, legal decisions, and any other significant actions along with supporting banking, investment and other necessary statements.

Right to Information: Immediate family members should have the right to request and receive information regarding the management of the principal’s affairs unless explicitly prohibited by the principal in writing.

Dispute Resolution Mechanism: The amendments should establish a clear and accessible dispute resolution mechanism to address concerns raised by immediate family members regarding the actions of the attorney.

Safeguards Against Abuse: The amendments should include safeguards to protect the principal’s rights and prevent misuse of the power of attorney by ensuring that the principal’s wishes are prioritized and that any concerns raised by family members are addressed promptly and fairly.

Conclusion: The proposed amendments to the British Columbia Power of Attorney Act are necessary to enhance transparency, protect the principal’s interests, and foster trust among family members. By implementing these changes, the government will help prevent conflicts and ensure that the power of attorney is exercised in a manner that is both responsible and in the best interest of the principal.

We urge the Legislative Assembly of British Columbia to take immediate action to amend the Power of Attorney Act to include these essential transparency requirements.