British Columbia | Representation Agreement
I am pleased to announce that the Power of Attorney Wizard can now be used to create a Representation Agreement for individuals in British Columbia:
Now you can create your own Last Will and Testament using the Will-O-Matic Wizard, and your own Power of Attorney for Property / Finances and a Representation Agreement using the Power of Attorney Wizard as well!
If you’d like to know more about Representation Agreements in British Columbia …keep reading… This is the third blog on this topic. You can read the first blog here and the second blog here and the third blog here.
Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice, you should seek professional assistance.
What is the basic structure of a Representation Agreement?
First, the Adult (the party making the Representation Agreement) and the nature of the document (e.g. Section 7 Representation Agreement or Section 9 Representation Agreement) are identified. The date on which the Representation Agreement is made is typically included here too.
Revoke Previous Representation Agreements
Here, you can revoke any previous Representation Agreements you have made (to ensure that you only have one Representation Agreement). If you are making multiple Representation Agreements (e.g. each one with a specific Representative to handle specific personal matters), then just be sure to indicate that you are not revoking those ones too!
Naming a Representative
Next, you’ll need to identify your Representative. Typically, this will be a family member or close personal friend whom you trust. Use their full legal name and even adding an identifier (e.g. my son, my spouse, etc.) may help. Your Representation Agreement will also identify what type of powers they will be given – namely, the standard / limited powers under a Section 7 Representation Agreement or the standard / limited and non-standard / broad powers under a Section 9 Representation Agreement. For whatever reason, in case the individual you appointed is incapable (e.g. vacation, sickness, death) or unwilling (e.g. through retirement) to act or continue to act as your Representative at the time they need to, you should appoint a substitute Representative. Better be safe than sorry!
Naming a Monitor
For Section 7 Representation Agreement, the Adult may be required to name a Monitor to manage their routine financial affairs and who is not the same person as the Representative they named UNLESS the Representative is the Adult’s spouse, the Public Guardian and Trustee or a trust company or a credit union. The Monitor must be at least 19 years old and willing and able to perform their duties and exercise their powers. They must also complete a monitor’s certificate.
A Representation Agreement, or part of a Representation Agreement, takes effect as soon as it is executed (i.e. signed and witnessed) unless it says that it comes into effect at a later time (and must specify how the event is to be confirmed and by whom): section 15 of the Act.
Restrictions / Conditions
Representatives under Section 7 Representation Agreements have standard / limited powers. They can only assist an Adult or make decisions on the Adult’s behalf with respect to certain matters of personal care, health care, routine financial matters (note: a Monitor may be required to be named), and legal matters. But an Adult can specify in their Representation Agreement additional restrictions and / or conditions that they wish to place on the authority of their Representative.
A Representative must follow any clear instructions provided in the Representation Agreement that are relevant to the personal decision to be made. If no such explicit instructions are provided, then the Representative must consult (to the extent reasonable) with the adult to determine his or her current wishes and comply with those wishes – unless the Representative is acting within the authority of a Section 9 Representation Agreement and the Agreement provides that the Representative need only comply with any instructions or wishes the adult expressed while capable.
Final Wishes: Section 9 Representation Agreements
For Section 9 Representation Agreements, you can specify any wishes concerning the medical attention you receive when the Representation Agreement becomes effective and you are in a vegetative state. For some people, they want to be removed from life support, receiving medication only to control pain and not resuscitated when they die. For others, they want to be kept alive for as long as possible, given medication to control pain and then resuscitated in case they die. You can even specify the type of treatment you would like to receive in certain circumstances.
Use blue ink (to show it’s an original signature) instead of black. Also, please read above concerning who can qualify as a witness or witnesses. The Representative must sign the Representation Agreement before they can exercise their powers. Finally, for Section 7 Representation Agreements, certificates must be signed by the Representative(s), Monitor (if any), and your Witness(es).