Script 239 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

This script has legal information for seniors, including their rights to pensions and benefits, and information on elder abuse, adult guardianship, and lending money to children or grandchildren.

What financial help is available to seniors?
Lots of financial help is available for seniors, including home care support and assisted living; free flu shots; discounted prescriptions; housing benefits like assistance with rent, homeowner’s grants and deferral of property taxes; and cheap bus passes. If you’re 60 or over, you should make sure you’re getting what you’re entitled to.

For more information, see the following two publications of the Legal Services Society:

• Benefits and Services for Seniors, and
• When I’m 64: A Guide to Benefits and Services for People Aged 60 and Over.

What old age security and other income assistance can you get?
You may qualify for the Old Age Security Pension (OAS) if you’re a Canadian citizen or landed immigrant, 65 or older. The amount you get depends on how long you’ve lived in Canada.

As well as the OAS pension, low-income seniors may be able to get a Guaranteed Income Supplement. The less income you have, the more of this supplement you can get. In addition, the Senior’s Supplement is a monthly payment to low-income seniors who are receiving federal Old Age Security and the Guaranteed Income Supplement or federal allowances. If your income level falls below a level that BC guarantees, the supplement makes up the difference. It is automatic if you qualify – you do not need to apply.

If you’re aged 60 to 64 and your spouse is a senior who is getting the OAS pension and Guaranteed Income Supplement, you might also qualify for an Allowance. The Allowance is extra money for couples who live on only one OAS pension. If your spouse dies and you’re between 60 and 64, you might be eligible to get the Allowance for the Survivor.

If you’re not eligible for the OAS or Guaranteed Income Supplement, but need money for food, housing, clothing and other basic needs, you may be eligible for welfare or income assistance.

A retiree who has worked and contributed to the Canada Pension Plan (or CPP) can receive a pension from the Canadian government. This is an extra benefit, in addition to the OAS. CPP retirement benefits may begin as early as age 60.

BC has the Shelter Aid for Elderly Renters Program, which provides monthly cash payments to eligible BC residents who are 60 years or over and who pay rent for their homes.

Other financial benefits may also be available – including employment insurance benefits if you continue working after age 65, Veterans Affairs Canada benefits, non-refundable tax credits, BC sales tax credits and others.

You have to apply for the OAS and other benefits at least six months before you become eligible – you don’t get them automatically.

For more information on all this, check the two Legal Services Society publications mentioned before. Also, go to the Service Canada website (www.servicecanada.gc.ca) and click on “Income Assistance” and then on “For Seniors.” Or phone Service Canada at 1.800.622.6232.

As well, see two BC government websites for seniors at www.seniorsbc.ca and www.hls.gov.bc.ca/seniors or phone the BC Ministry of Health Living and Sport at 1.800.465.4911.

What is elder abuse?
Elder abuse is surprisingly common – 1 in 12 seniors in BC is abused. BC’s Adult Guardianship Act tries to protect adults from abuse, neglect and self-neglect. It defines abuse as deliberate mistreatment that causes physical, mental or emotional harm to the adult, or damage to, or loss of, their assets. Elder abuse includes intimidation, humiliation, physical assault, sexual assault, overmedication, lack of medication, censoring of mail, invasion of privacy, and denial of access to visitors.

Who can help if you are being mistreated (or if a senior you know is being mistreated)? 

• Local health authorities: call the Health Information Line at 1.800.465.4911 (toll free) and ask for the local health unit. Each health authority must have a “patient care quality office” to handle complaints about the quality of patient care. Health authorities also have “patient care quality review boards” to review the treatment of complaints. These complaint offices and review boards operate under the Patient Care Quality Review Board Act.
• Also, contact the BC Centre for Elder Advocacy & Support. Call 604.437.1940 in Vancouver or toll-free 1.866.437.1940 elsewhere in BC. The website is www.bcceas.ca.

What happens if you report elder abuse?
The Public Guardian and Trustee (or an agency it appoints) must look into your report. And an investigator must make reasonable efforts to interview you or the senior involved. If the problem can’t be solved informally, the Public Guardian and Trustee may have several legal options, including preparing a support and assistance plan, and applying for a restraining order to keep the suspected abuser away. 

If the abuse involves a criminal offence such as threats, assault, forgery or intimidation, the Public Guardian and Trustee must report it to the police. 

What about changing your will?
You can always change your will as long as you’re mentally competent. Actually, you should change your will whenever your financial or personal circumstances change, or if the beneficiaries change (for example, if a beneficiary dies). You should also review your will if you get married or divorced. If you marry, your will is automatically revoked unless the will says that it was made in contemplation of your new marriage. If you divorce, your will is automatically revoked. You should see a lawyer when making or changing your will.

Can you disinherit a family member?
Yes, but the Wills Variation Act lets a court change a will that doesn’t adequately provide for the maintenance and support of the deceased person’s spouse or children. So a court can change your will after you die if it decides that you’ve been unfair or unreasonable toward a spouse or child. However, by consulting a lawyer for estate planning, you may be able to give away your estate in other ways than through a will – through an Alter Ego Trust. This lets you avoid probate fees and the risk of the court later changing your will.

For more information on wills and estate planning, check scripts 176 to 179.

What is a power of attorney? What is an enduring power of attorney?
A power of attorney is a document that appoints another person, called an “attorney,” to make financial and legal decisions for you. An enduring power of attorney lets your attorney make the necessary financial and legal decisions for you if you become mentally incapable because of age, accident or illness. But these documents can’t deal with health care decisions. And if you want your attorney to deal with real estate, then you need the proper Land Title Act format. A lawyer can help you on this.

For more information, check script 180 on “Power of Attorney and Representation Agreements.”

Can you make your own decisions about your health and where to live?
All adults have the right to live as they wish and to accept or refuse support or assistance, as long as they’re capable of making these decisions and don’t harm others. BC’s Health Care (Consent) and Care Facility (Admission) Act also confirms the right of all adults over 18 to make their own medical and health care decisions.

What if you become mentally incapable of making your own decisions?
It’s a good idea to plan for when you may be unable to make your own decisions. For example, to deal with decisions on your legal and financial affairs, you can make a power of attorney. To deal with health and personal decisions, you can make a “representation agreement.” In this, you appoint someone you trust to handle your personal and health decisions if you’re unable to make your own decisions.

If you do not make a representation agreement, the BC Health Care (Consent) and Care Facility (Admission) Act says that if you are mentally disabled first your spouse, then your adult children, and then your nearest relative will make these decisions for you.

But what happens if you become mentally incapable and you haven’t named anyone to make decisions for you, and you don’t have a spouse, children, or relative? The BC Supreme Court can appoint someone to make decisions for you. That person has to apply to the court under the Patients Property Act to be your “committee.” Often a close friend or relative will apply to be committee. If none of these people apply, and instead, the Public Guardian and Trustee applies (and it usually will in this case), the court can appoint the Public Guardian and Trustee as committee. Your estate will have to pay a fee to the Public Guardian and Trustee for its service.

For more information in this area, check the following 3 scripts:

• 180, called “Power of Attorney and Representation Agreements” 
• 426, called “Committeeship”
• 427, called “Adult Guardianship

Also, check the website of the Nidus Personal Planning Resource Centre and Registry at www.rarc.ca.

Should you transfer your home to your child so you can stay in it with them?
It depends. As people age, they often need help with their daily needs, but may not want to leave the comfort of their own homes. Sometimes, family members or friends will suggest that they move into your home and have you transfer your home to them in exchange for their agreeing to look after you. This can often be a convenient way for you to get the help you need, while letting the younger family member or friend get a home.

But this arrangement can cause a lot of misunderstanding and problems. As your health changes and your needs increase, the family member or friend may not be able to give you the care you need, without significantly changing their own lives. For example, they may have to quit their job and stay at home with you to care for you. But they may not be willing to do that. At that point, you many need to sell your home to pay for health care and assisted living help.

Before you make such an arrangement, you should see a lawyer experienced in this area to protect your rights.

How should you protect yourself when lending money to family members?
Older people often help their children or grandchildren by lending them money, co-signing a bank loan, or giving a personal guarantee. But you could lose a lot of money if you don’t protect yourself by understanding the transaction and getting proper documents signed.

If you lend money to finance a house purchase, make sure you register a mortgage on the home to secure your interest. If you don’t want to do that, you should at least get the borrower (and their spouse) to sign a promissory note with the loan terms.

If you guarantee a family member’s bank loan, you are promising to pay the bank in full if the borrower doesn’t repay the loan. You’re responsible for the full amount of the loan, and the bank can come after you for it. Make sure that any guarantee you sign is for a specific amount.

For more information, refer to script 248 on “Co-Signing or Guaranteeing a Loan.”

What about credit cards and bank cards?
If you apply for a credit card and agree to have an additional credit card issued to your spouse or child, you’re responsible for all purchases that person makes with the card. If you let someone else use your credit or bank card, you’re responsible for paying this off too.

For more information, refer to script 246 on “Buying Goods on Credit, Credit Cards and Credit Bureaus.”

Where can you find more information on seniors’ rights and elder law?

• The BC Seniors section of the Ministry of Healthy Living and Sport website has links to programs and services and other online resources. It also has the Senior’s Guide. Visit www.hls.gov.bc.ca/seniors or phone 1.800.465.4911. Also, check www.seniorsbc.ca. 
• The Service Canada website, at www.servicecanada.gc.ca, has information on financial help for seniors. Click on “Income Assistance” and then on “For Seniors.” Or phone Service Canada at 1.800.622.6232.
• Contact local health authorities to report abuse or neglect of an adult. Call the Health Information Line at 1.800.465.4911 (toll free) and ask for your local health unit. 
• Contact the BC Centre for Elder Advocacy & Support. Call 604.437.1940 in Vancouver or toll-free 1.866.437.1940 elsewhere in BC. The website is www.bcceas.ca. 
• See the publications on the website of the Canadian Centre for Elder Law (part of the BC Law Institute) at www.bcli.org/ccel. Or call the Centre at 604.822.0633 in Vancouver.
• Visit the Public Guardian and Trustee of BC website at www.trustee.bc.ca. It has many publications on adult guardianship, elder abuse, representation agreements and other topics. Or call 604.660.4444 in Vancouver or 1.800.663.7867 elsewhere in BC and ask for the Public Guardian and Trustee.

[updated July 2010]

Dial-A-Law© is a library of legal information that is available:

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• by audio and text, on the CBA BC Branch website.

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