The short version: an attorney under an enduring Power of Attorney has a legal duty to act in the adult's best interests — not their own, and not based on what feels easiest. When family members disagree with a decision to sell, or question whether it's genuinely in the homeowner's interest, BC law has specific oversight mechanisms, up to and including the courts.
What an attorney is actually required to do
Under BC's Power of Attorney Act, an attorney acting under an enduring Power of Attorney must:
- Act honestly and in good faith
- Exercise the care, diligence, and skill of a reasonably prudent person
- Act strictly within the authority actually granted in the POA document — not beyond it
- Keep proper financial records, available for inspection
- Act in the adult's best interests, taking into account their current wishes and known values, not just what's convenient
Selling a home isn't something an attorney does unilaterally without regard for these duties — if the sale isn't genuinely in the homeowner's interest, that's a real problem, not just a family disagreement.
If you believe the attorney is acting improperly
BC law gives any concerned person a path to raise this — you don't need to be a family member or have formal standing to flag a concern. Reports can be made to the Public Guardian and Trustee of BC if you have reason to believe an attorney is abusing or neglecting their duties, acting outside their authority, or is otherwise failing to comply with the POA or their legal obligations as attorney. In more serious disputes, the matter can go to court, where a judge has the power to review the attorney's actions, void a transaction made outside their authority, or order changes to how the estate is being managed.
Important distinction: disagreeing with a decision isn't the same as the decision being improper. Families sometimes assume a sale is wrong because it's emotionally difficult, when the attorney may genuinely be acting in the homeowner's best interest (for example, needing funds for care costs). Mark Jontz has seen both situations — genuine disputes and simple disagreements — and can help a family understand plainly which one they're actually in before things escalate unnecessarily.
What this means for a real estate transaction specifically
If a sale is already underway and a dispute emerges, it can affect timing significantly — lawyers may need to pause a transaction while concerns are addressed, and in some cases a sale may need to wait for court clarity before it can proceed. This is exactly the kind of situation where coordinating closely with the family's lawyer, rather than pushing a sale forward on a normal timeline, matters most.
This page provides general information and is not legal advice. Every situation is different — please consult a lawyer or notary about your specific circumstances.