Representation Agreements in BC

- What is a Representation Agreement?
-
Who should make a Representation Agreement?
-
When does the Representative(s) act?
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What is an Advance Directive?
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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

 

 

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