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26

British Columbia Representation Agreement

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BC 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…

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 a Representation Agreement?

In British Columbia, a “Representation Agreement” is a legal document that allows an Adult to designate another person (called a “Representative”) to make decisions concerning the adult’s personal care, health care, and routine management of their financial affairs if they become mentally incapacitated and unable to make those types of decisions themselves.  More specifically, a Representation Agreement provides a mechanism to allow adults to arrange in advance how, when and by whom, decisions about their health care or personal care will be made if they become incapable of making decisions independently.  Personal care includes matters respecting: the shelter, employment, diet and dress of an adult; participation by an adult in social, educational, vocational and other activities; contact or association by an adult with other persons; and licences, permits, approvals or other authorizations of an adult to do something.  Health care means anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other purpose related to health.  Representation Agreements are governed by the Representation Agreement Act, R.S.B.C. 1996, c. 405.  Financial matters that are above and beyond the routine management of an adult’s financial affairs should be dealt with through a Power of Attorney for Property / Finances or Enduring Power of Attorney for Property / Finances (if the adult becomes mentally incapacitated).

What are the types of Representation Agreements?

There are two (2) types of Representation Agreements a person can make: a Section 7 Representation Agreement (with standard / limited powers) or a Section 9 Representation Agreement (with standard / limited and broad powers).  Both types of Representation Agreements will be briefly discussed in turn.

Section 7 Representation Agreement (Standard Provisions)

  • You CAN make this type of Representation Agreement even though you are incapable of making a contract, or managing your health care, personal care, legal matters, or the routine management of your financial affairs.
  • This Representation Agreement allows you to authorize your Representative to help you make decisions, or make decisions on your behalf, about any or all of the following:

–           your personal care (e.g. shelter, employment, diet, dress, participating in social education, vocation and other activities, contact or association with other persons, and licenses permits, approvals or other authorizations)

–           the routine management of your financial affairs (e.g. paying bills, receiving and depositing pension and other income, purchasing food, accommodation and other services necessary for personal care, and making investments)

–           minor health care or major health care (as defined in the Health Care (Consent) and Care Facility (Admission) Act) BUT not including: giving or refusing consent on your behalf to major surgery, any treatment involving a general anesthetic, major diagnostic or investigative procedures, radiation therapy, intravenous chemotherapy, kidney dialysis, electroconvulsive therapy, and laser surgery.

–           obtaining legal services, instructing counsel to commence proceedings (except divorce proceedings), or to continue, compromise, defend or settle any legal proceedings on your behalf.

  • This Representation Agreement allows you to authorize a Representative to accept a facility care proposal under the Health Care (Consent) and Care Facility (Admission) Act for your admission to a care facility that is a family care home, a group home for the mentally handicapped, or a mental health boarding home.
  • IMPORTANT!  This Representation Agreement WILL NOT ALLOW you to authorize your Representative to help make, or make on your behalf, a decision to refuse health care necessary to preserve your life.  Furthermore this Representation Agreement WILL NOT ALLOW you to a  authorize your Representative to physically restrain, move or manage you or authorize another person to do these things despite your objection (a Section 9 Representation Agreement will be required in   these circumstances).

Section 9 Representation Agreement

  • You CANNOT make this type of Representation Agreement if you are incapable of making a contract or managing your health care, personal care, legal matters, or the routine management of your financial affairs.
  • This Representation Agreement allows you to authorize your Representative to:

–           Do anything that the Representative considers necessary in relation to your personal care or health care

–           Deciding where you are to live and with whom, including whether you should live in a care facility

–           Deciding whether you should work and, if so, the type of work, the employer, and any related matters

–           Deciding whether you should participate in any educational, social, vocational or other activity

–           Deciding whether you should have contact or associate with another person

–           Deciding whether you should apply for any licence, permit, approval or other authorization required by law for the performance of an activity

–           Make day-to-day decisions on your behalf, including decisions about your diet or dress

–           Give or refuse consent to health care for you, including giving or refusing consent, in the circumstances specified in the Representation Agreement, to specified kinds of health care (including giving or refusing consent to health care necessary to preserve life), even though you refuse to give consent at the time the health care is provided

–           physically restrain, move and manage you and authorize another person to do these things, if necessary to provide you with personal care or health care despite your objection

  • This Representation Agreement WILL NOT authorize your Representative to do the following unless it clearly says so:

–           give or refuse consent on your behalf to major surgery, any treatment involving a general anesthetic, major diagnostic or investigative procedures, radiation therapy, intravenous chemotherapy, kidney dialysis, electroconvulsive therapy, and laser surgery

–           make arrangements for the temporary care and education of your minor children, or any other persons who are cared for or supported by you

–           interfere with your religious practices

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