EPISODE · Nov 28, 2025 · 20 MIN
Protecting Vulnerable People: Capacity, Exploitation and Legal Options in BC
from FHP Lawyers Law Talk Podcast · host FHP Lawyers
Who decides if someone is truly capable of managing their own affairs—and what can you do if you suspect a loved one is being exploited? In this episode of FH&P Lawyers’ Law Talk, Partner Clay Williams sits down with lawyer Colin Flannigan to talk about protecting vulnerable adults when capacity starts to slip and “new friends” suddenly appear.Clay and Colin discuss: ✅ What “capacity” really means—and why it isn’t an on/off switch✅ How waning capacity can still leave people legally able to sign contracts or buy assets✅ Powers of attorney and representation agreements: what they do (and don’t) actually prevent✅ The role of lawyers as gatekeepers against undue influence and exploitation ✅ How “new friends,” caregivers, and interlopers can gain control over finances ✅ When and how the Public Guardian and Trustee (PGT) can step in ✅ Committeeship, court orders, and why the legal threshold for incapacity is so high ✅ Practical steps families can take before there’s a crisisIf you’re worried about an aging parent, a vulnerable relative, or simply want to plan ahead to protect yourself, this conversation offers clear, realistic insight into what the law allows—and where its limits are.FH&P Lawyers | Rooted in Community. Ready to Help.#VulnerablePeople #Capacity #PowersOfAttorney #RepresentationAgreement #Guardianship #UndueInfluence #BCLaw #FHPLawyers #KelownaLawyers #EstatePlanning #LawTalkPodcast #Okanagan
What this episode covers
Who decides if someone is truly capable of managing their own affairs—and what can you do if you suspect a loved one is being exploited? In this episode of FH&P Lawyers’ Law Talk, Partner Clay Williams sits down with lawyer Colin Flannigan to talk about protecting vulnerable adults when capacity starts to slip and “new friends” suddenly appear.Clay and Colin discuss: ✅ What “capacity” really means—and why it isn’t an on/off switch✅ How waning capacity can still leave people legally able to sign contracts or buy assets✅ Powers of attorney and representation agreements: what they do (and don’t) actually prevent✅ The role of lawyers as gatekeepers against undue influence and exploitation ✅ How “new friends,” caregivers, and interlopers can gain control over finances ✅ When and how the Public Guardian and Trustee (PGT) can step in ✅ Committeeship, court orders, and why the legal threshold for incapacity is so high ✅ Practical steps families can take before there’s a crisisIf you’re worried about an aging parent, a vulnerable relative, or simply want to plan ahead to protect yourself, this conversation offers clear, realistic insight into what the law allows—and where its limits are.FH&P Lawyers | Rooted in Community. Ready to Help.#VulnerablePeople #Capacity #PowersOfAttorney #RepresentationAgreement #Guardianship #UndueInfluence #BCLaw #FHPLawyers #KelownaLawyers #EstatePlanning #LawTalkPodcast #Okanagan
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Protecting Vulnerable People: Capacity, Exploitation and Legal Options in BC
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