Representation Agreements in BC

- What is a Representation Agreement?
- Who should make a Representation Agreement?
- When does the Representative(s) act?
- What is an Advance Directive?
- What Documents Should I Choose: A Summary of Decision making Authority

What is a Representation Agreement?

     A representation agreement is a legal document that allows you to appoint a representative or multiple representatives of your choosing to be your legal representative for health and personal care decisions in the event you become unable to communicate your health and personal care wishes.

Who should make a Representation Agreement?

     Any adult (19 years of age or older in BC) who wants to ensure that a specific person or persons are appointed to make decisions for them, especially if they have no spouse, no children, or if they have multiple children who may have conflicting opinions with one another, or have different opinions about healthcare than the adult, or if any of the children would not be good and trustworthy decision makers.

When does the Representative(s) act?

     The law presumes capacity and as such an adult would still be in charge of their health and personal care decisions unless a health care professional determines they are no longer have capacity. At this point if a decision or action is required to be made on behalf on the adult, then the representative could step in to take actions and make decisions for the adult. A representative must act in the best interest of the adult and must follow any expressed wishes or advance directives that the adult has provided to them, or if no wishes have been formally expresssed, the representative must make decisions to the best of their ability that would reflect the adults current wishes, known beliefs and values.

What is an Advance Directive?

     More information coming soon.

 What Documents Should I Choose: A Summary of Decision Making Authority

	POWERS	ADULT CHOOSES IN ADVANCE				OTHERS APPOINT
Documents   Powers granted		Representative Appointed by Representation Agreement (section 9)	Representative Appointed by Representation Agreement (Section 7) *Limit on Financial Authority Granted To Representative	Attorney Appointed by Power of Attorney	Advance Directive consistent with requirements of HCCCFAA	Temporary Substitute Decision Maker (TSDM) family member, friend appointed by a health care provider of the adult	Property Guardian NOT YET IN FORCE currently Committee of Estate - Appointed by the Courts	Personal Guardian NOT YET IN FORCE currently Committee of Person  - Appointed by the Courts
Financial Affairs		NO	YES*	YES	NO	NO	YES	NO
Legal Affairs		NO	YES*	YES	NO	NO	YES	NO
Health Care		YES	YES	NO	YES	YES	NO	YES
Personal Care		YES	YES	NO	NO	NO	NO	YES