Understanding the Importance of A Representation Agreement

Very often, families with parents or relatives, who are unable to make decisions independently, find themselves in a web of questions regarding the legality of making medical and healthcare decisions on their behalf. The most common misconception is that a Power of Attorney Agreement is the only legal agreement needed, without realizing that a Representation Agreement is what’s required for medical and healthcare decisions.

What is a Representation Agreement? 

A Representation Agreement is a legal document for personal planning in British Columbia. The Representation Agreement Act allows you to authorize a representative to manage your financial affairs, personal care, and significant health care decisions on your behalf in case of illness, disability, or injury. 

A representative needs to be at least 19 years old. According to BC law, every adult is assumed to have the capability to make their own legal, medical, and financial decisions. The purpose of the Representation Agreement is to provide a legal alternative to adult guardianship for adults who need assistance with planning for their future. 

What areas of authority does the Representation Agreement cover? 

There are two types of representation agreement under the BC Representation Agreement Act.

The standard provisions for Section 7 of the Act consist of personal care, minor and major health care, and routine management of the adult’s financial affairs. The financial matters include payment of bills, pension deposits, food purchases, accommodation, other services necessary for personal care, and investments. 

Section 9 of the Act is the non-standard representation agreement. It has a broad provision in personal care and health care matters. The Act authorizes the representative to make significant decisions, such as give or refuse consent to health care for the adult and whether the adult should apply for any license, permit approval, or other authorization required by law for the performance of an activity.

How to register for a Representation Agreement? 

There is no requirement to consult a legal professional to make a Representation Agreement. Once you decide on your representative, you need to go to The Representation Agreement Resource Center. Nidus Personal Planning Resource Centre & Registry has standard online forms for each type of Representation Agreement, where you can register enduring powers of attorney and representation agreements. 

For more details see the link of Nidus Representation Agreements. https://www.nidus.ca/representation-agreement/