Under what circumstances can attorney named in a Power of Attorney (POA) be removed if I am incompetent and legally unable to remove them?

The POA is terminated when the attorney:

(1) Is the adult’s spouse and their marriage or marriage-like relationship ends;

(2) Becomes incapable or dies;

(3) Is bankrupt;

(4) Is a corporation and the corporation dissolves, winds up, or ceases to carry on business; or

(5) Is convicted of a prescribed offence or an offence in which the adult was the victim: British Columbia Power of Attorney Act s. 29(2)(d).

Under an enduring POA, if a donor becomes incompetent, the authority of the attorney continues. However, a complaint can be made to the British Columbia Public Guardian and Trustee (“PGT”) and/or a claim made to the Supreme Court for review of accounts and possible removal of an attorney.

If a General POA ends upon the incompetency of a donor, and a Committee is not appointed, then the PGT may be appointed as committee of the adult’s estate by default: British Columbia Patients Property Act.