Keeping the Adult Safe

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Kevin Smith in January 2018.

When you've been appointed as an attorney under a power of attorney, you have an important role to play in keeping the adult safe.

Watch out for financial exploitation

Family, friends, neighbours, caregivers, fiduciaries, business people and others may try to take advantage of an older adult. They may take the older adult's money without permission, fail to repay money they owe, charge them too much for services, or not do things the older adult has paid them to do. These are examples of financial exploitation or financial abuse.

When your friend Martina appoints you as her attorney, you should help protect her. You should know the signs of financial exploitation for several reasons.

1. Martina may still control some of her funds and could be exploited.
2. Even if Martina does not control any of her funds, she still may be exploited.
3. Martina may have been exploited already, and you may be able to do something about it (for example, making a claim in small claims court to have a loan repaid).
4. People may try to take advantage of you as Martina’s attorney.
5. Knowing what to look for will help you avoid doing things you should not do, protecting you from claims that you have exploited Martina.

Look for these signs

Look for these common signs of financial exploitation.

• You think some money or property is missing.
• Martina says that some money or property is missing.
• You notice sudden changes in Martina’s spending or savings. For example, she:
  • tries to wire large amounts of money
  • takes out lots of money from the bank without explanation
  • uses the ATM a lot
  • is not able to pay bills that are usually paid
  • buys things or services that don’t seem necessary
  • does not get bank statements or bills
• Someone new has entered Martina’s life or takes on a larger role. For example, Martina:
  • has a caregiver, friend, or relative who suddenly begins handling her money
  • puts names on bank or other accounts that you do not recognize or that she is unwilling or unable to explain
  • makes new or unusual gifts to family or others, such as a “new best friend”
  • changes beneficiaries of a will, life insurance or retirement funds
• Martina says she is afraid or seems afraid of a relative, caregiver or friend.
• A relative, caregiver, friend or someone else keeps Martina from having visitors or phone calls, does not let her speak for herself, or seems to be controlling her decisions.

Be on guard for consumer scams

Image via www.istockphoto.com

As Martina’s attorney, be alert to protect her from consumer scams. Criminals and con artists often seek unsuspecting people who have access to money. Learn to spot consumer scams against Martina—and against you as her attorney.

Spotting a consumer scam

Consumer scams happen on the phone, through the mail, email, or over the internet. They can occur in person, at home or at a business. Here are some tips to help you spot a scam.

• Too good to be true? Ask yourself why someone is trying so hard to give you a “great deal”. If it sounds too good to be true, it probably is.
• Watch out for deals that are only “good today” and that pressure you to act quickly. Be suspicious if you are not given enough time to read a contract or get legal advice before signing. Also watch out if you are told that you need to pay the seller quickly, for example by wiring the money or sending it by courier.
• Never pay up front for a promised prize. Suspect a scam if you are required to pay fees or taxes to receive a prize or other financial windfall.

Watch for signs Martina already has been scammed

Does Martina receive a lot of mail or email for sweepstakes? Has she paid people you don’t know, especially in other provinces, states or countries? Has she taken a lot of money out of the bank while she was with someone she recently met? Does she have a hard time explaining how she spent that money? Is she suddenly unable to pay for food, medicine or utilities?

These could be signs that Martina has been the victim of a scam.

Tips to avoid consumer scams

Here are tips to help you and Martina avoid being the victim of a consumer scam.

• After hearing a sales pitch, take time to compare prices. Ask for information in writing and read it carefully.
• Don’t share numbers or passwords for Martina’s accounts, credit cards or her Social Insurance Number (SIN), unless you know who you’re dealing with and why they need the information.
• Help Martina put her number on the National Do Not Call List. Doing so can help reduce the number of unwanted calls that she receives. You can do so:
  • by registering online
  • by phoning 1-866-580-3625
  • by TTY device at 1-888-362-5889

For more tips on how to spot and avoid consumer scams, see the People’s Law School website.

	Common Consumer Scams
Relative in need	Someone pretending to be a family member or friend calls or emails you to say they are in trouble and need you to wire money right away.
Charity appeal	You get a call or letter from someone asking for money for a fake charity—either the charity does not exist or the charity did not call or write to you.
Lottery or sweepstakes	You get a call or email that you have a chance to win a lot of money through a foreign country’s sweepstakes or lottery. The caller will offer tips about how to win if you pay a fee or buy something. Or the caller or email says you already have won and you must give your bank account information or pay a fee to collect your winnings.
Home improvement	Scammers take money for repairs and then they never return to do the work or they do shoddy work. Sometimes they break something to create more work or they say things need work when they don’t.
Free lunch	Scammers invite you to a free lunch and seminar, and then pressure you to give them information about your money, and to invest the money with them. They offer you “tips” or “guaranteed returns”.
Free trip	Scammers say you’ve won a free trip but they ask for a credit card number or advance cash to hold the reservation.
Government money	You get a call or letter that seems to be from a government agency. Scammers say that if you give a credit card number or send a money order, you can apply for government help with housing, home repairs, utilities or taxes.
Identity theft	Scammers steal your personal information—such as your name, date of birth, Social Insurance Number, account number, and mother’s maiden name—and use the information to access your finances, make purchases in your name or commit other crimes.
Fake “official” mail	Scammers send letters or emails that look like they are from a legitimate bank, business or agency (such as the RCMP or Canada Revenue Agency) to try to get your personal information or bank account number.

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.