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26

BC Representation Agreements

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British Columbia Representation Agreements

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 second blog on this topic.  You can read the first 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 are the legal requirements to have a Representation Agreement?

To have a valid Section 7 Representation Agreement pursuant to the Representation Agreement Act:

  1. The Representation Agreement must be in writing: section 13(1).
  2. The Representation Agreement must be dated, signed and witnessed and all certificates must be completed (i.e. Certificate of Representative, Certificate of Monitor, Certificate of Witnesses, etc.): section 13.
  3. The person making the Representation Agreement (i.e. the Adult) must be at least 19 years old and capable (although the Adult may be incapable of making a contract, managing his or her health care, personal care or legal matters, or managing his or her routine financial affairs).
  4. The Representative must be over 19 years old and someone other than an individual who provides personal care or health care services to the adult for compensation or an employee of a facility in which the adult resides and through which the adult receives personal care or health care services (note: these restrictions don’t apply to someone who is a child, parent or spouse of the adult).
  5. The Representative may be credit union or trust company as long as their authority under the representation agreement does not include health care or personal care.
  6. Before a Representative can exercise their authority, they must sign the Representation Agreement (this need not be witnessed).The Representation Agreement must either be signed by the Adult before a Lawyer or Notary        Public in good standing in the Province of British Columbia or two adult witnesses, who must also  sign the Representation Agreement (i.e. in the witness certificate).
  7. The Representation Agreement must NOT be signed by someone who is a minor, a named Representative, a spouse / child / parent of a Representative (or alternate representative), an employee or agent of a Representative unless the person is a Lawyer / Notary Public in good standing in the Province of British Columbia, the Public Guardian and Trustee or a financial institution authorized to carry on trust business under the Financial Institutions Act.
  8. An Adult must name a “Monitor” to be responsible for the management of 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.
  9. The Representative Agreement must be signed by someone who understands the type of communication used by the Adult.

To have a valid Section 9 Representation Agreement pursuant to the Representation Agreement Act:

  1. The Representation Agreement must be in writing: section 13(1).
  2. The Representation Agreement must be dated, signed and witnessed (although there is no requirement for certificates to be completed).
  3. The person making the Representation Agreement (i.e. the Adult) must be at least 19 years old and capable (although the Adult may be incapable of making a contract, managing his or her health care, personal care or legal matters, or managing his or her routine financial affairs).
  4. The Representative must be over 19 years old and someone other than an individual who provides personal care or health care services to the adult for compensation or an employee of a facility in which the adult resides and through which the adult receives personal care or health care services (note: these restrictions don’t apply to someone who is a child, parent or spouse of the adult).
  5. The Representative may be credit union or trust company as long as their authority under the representation agreement does not include health care or personal care.
  6. Before a Representative can exercise their authority, they must sign the Representation Agreement (this need not be witnessed).
  7. The Representation Agreement must either be signed by the Adult before a Lawyer or Notary Public in good standing in the Province of British Columbia or two adult witnesses, who must also sign the Representation Agreement.
  8. The Representation Agreement must NOT be signed by someone who is a minor, a named Representative, a spouse / child / parent of a Representative (or alternate representative), an employee or agent of a Representative unless the person is a Lawyer / Notary Public in good standing in the Province of British Columbia, the Public Guardian and Trustee or a financial institution authorized to carry on trust business under the Financial Institutions Act.
  9. The Representative Agreement must be signed by someone who understands the type of communication used by the Adult.

written by pmmpa \\ tags: , , , ,

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