In 2025, more Canadians than ever find themselves squarely in the “Sandwich Generation” - middle-aged adults, typically in their 50s and 60s, caring for both aging parents and dependent children or grandchildren. This balancing act creates profound emotional, financial, and legal pressures. At Heritage Trust, we see firsthand how these challenges show up in estate - and how thoughtful fiduciary planning can offer clarity and peace of mind across generations.
The Rise of the Sandwich Generation
As of this year:
- 772,000 Canadians live with dementia, a number projected to double by 2050.
- 7.8 million Canadians are aged 65 or older, many living longer but with more complex needs.
- At the same time, over 50% of middle-aged adults support at least one grown child, and 20% provide support to a parent.
These pressures are compounded by:
- Escalating costs of living and housing, especially in urban centres.
- Increasing blended family dynamics, complicating estate and caregiving roles.
- A growing prevalence of elder vulnerability, abuse, and decision-making conflicts.
Legal and Moral Support Obligations
In Canada, legal obligations to support aging parents or adult children vary by province. For example:
- Ontario and Quebec impose statutory duties for children to support parents in financial need.
- British Columbia and Alberta do not currently impose such obligations.
- Adult children with disabilities may still qualify for ongoing support under federal and provincial family law statutes.
Regardless of legal obligations, moral and cultural expectations weigh heavily - particularly in communities that emphasize filial piety or collective family caregiving responsibilities.
Autonomy vs. Protection: When to Step In?
For many families, one of the most difficult issues is knowing when and how to step in to help a parent who may be vulnerable, but not legally incapable.
Case Study: McMullen v. Webber (2006 BCSC 1656)
A cautionary tale about well-intentioned overreach - and the legal limits of a Power of Attorney.
George McMullen was an 86-year-old widower in British Columbia. After the death of his wife of over 60 years, George traveled to Hawaii and began a relationship with a 42-year-old woman. Though they had just met, the relationship evolved quickly, with George returning to Canada and entering into regular, long-distance communication with her. His family soon discovered he was sending her substantial amounts of money - covering rent, medical expenses, and other living costs, including funding a reggae band.
Over time, George depleted a significant portion of his investments, accrued credit card debt, and took out a mortgage on his home - an uncharacteristic move for a man who had always been financially conservative.
Concerned that their father was being financially exploited, George’s daughters, who held an enduring Power of Attorney that was effective immediately (not springing), decided to intervene. Despite no formal declaration of incapacity, they used the POA to transfer a majority interest in George’s condominium to their husbands, believing this would prevent the woman from manipulating their father into giving away his remaining assets.
George found out and launched legal proceedings against his daughters and sons-in-law, claiming they had acted unlawfully and violated their duties under the POA.
The daughters argued they had acted in good faith, out of concern for their father’s wellbeing and with the intent of protecting him from further financial harm. They had attempted to involve social services, the RCMP, and the Public Guardian and Trustee, all without success.
The court, however, sided firmly with George. Despite his questionable judgment, George was found to be mentally capable. He had been assessed by medical professionals, who found no evidence of incapacity. While the court acknowledged that his new relationship and spending habits were unwise and even emotionally distressing for his family, it affirmed a fundamental principle:
“A capable adult has the right to make foolish or imprudent decisions.”
The daughters, by transferring George’s property without his knowledge or consent, had breached their fiduciary duties under the POA. Their protective motives did not absolve them of liability.
The court ordered the reversal of the property transfer and emphasized that attorneys under a POA, even one that is immediately effective, must not act in a manner that overrides a capable adult’s autonomy.
Why This Matters for the Sandwich Generation
The McMullen case illustrates a central tension in fiduciary relationships: how to protect vulnerable loved ones while respecting their legal right to make their own decisions. For those caught in the Sandwich Generation, the urge to “step in” is understandable, but must be tempered with legal care and an understanding of the boundaries of one’s authority.
Planning for Vulnerability, Preserving Dignity
The Sandwich Generation isn’t just managing care - they’re preserving family legacies. Thoughtful planning can:
- Clarify roles and authority before a crisis.
- Ensure decisions reflect the wishes of the aging parent or vulnerable child.
- Provide stability and fairness through professional fiduciary appointments.
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Nicole Garton is president and co-founder of Heritage Trust.
Recognized by Best Lawyers in Canada for trusts and estates and family law, she previously chaired the Canadian Bar Association Wills and Trusts Subsection (Vancouver).
Contact Nicole by email or phone at (778) 742-5005
Heritage Trust is a leading non-deposit taking financial institution, regulated by the BC Financial Services Authority (BCFSA), a government agency of the Province of British Columbia. Heritage Trust offers caring and professional executor, trustee, power of attorney, committee, escrow and family office services to BC resident clients.
We welcome you to contact us.