RARC: What is a Representation Agreement?

What is a Representation Agreement?

A Representation Agreement is a legal Plan that says who you give authority to if you need assistance managing your affairs.

A Representation Agreement can cover financial and legal matters AND health and personal care matters.

Areas to cover:	Legal tool to use:
FINANCIAL & LEGAL	Enduring Power of Attorney OR Representation Agreement
HEALTH & PERSONAL CARE	Representation Agreement – includes living will

A Representation Agreement ends when you die; then your Will takes over.

Everyone needs a legal Plan in case they become ill or have an accident and need assistance. For more about how to make and register your legal Future Care Plan, see the Publications section.

If you are helping someone now with some or all of their affairs, you can help them make a legal Plan so they will get help from those they trust and who know them, read more in the Publications section.

More details about Representation Agreements:

The Representation Agreement Act outlines the powers of Representatives in Sections 7 and 9 of the Act. These sections have different requirements for capability, noted at the beginning of the following chart. This chart is not legal advice on wording for Agreements nor advice on the interpretation of the Act.

Standard Powers (Section 7) If your Agreement has only standard powers, legal consultation is not required. The law says everyone 19 years and older may make an Agreement with standard powers – even if they cannot manage their own affairs now.	+ Additional Powers (Section 9) If your Agreement includes any additional powers, you must consult with a lawyer. The lawyer will sign a Certificate stating that you appear to understand. Note: an Agreement with additional powers will start with the standard power and then add relevant ‘additional’ powers. For example, give authority for minor and major health care, and then add the authority to refuse life support.
POWERS FOR FINANCIAL & LEGAL MATTERS
Routine management of my financial affairs Includes banking, applying for and dealing with benefits, insuring or selling motor vehicle, managing existing loans and insurance, re-directing mail, dealing with income tax, making investments or disposing of investments, managing personal effects etc. The complete definition for this power is in the Representation Agreement Act Regulation. On this web site, see Information section under Specific Resources.	+ Do, on my behalf, any thing that can be done by an attorney acting under a general power of attorney This power includes dealing with real estate, running a business, which the standard power does not. Note: An enduring Power of Attorney covers all financial and legal powers that a Representation Agreement covers. Most lawyers will suggest that clients who are capable of understanding what they are signing, should use an enduring Power of Attorney to cover financial and legal matters, and a Representation Agreement for health and personal care.
Obtaining legal services and instructing counsel to begin proceedings, except divorce, or to continue, compromise, defend or settle any legal proceedings on my behalf	+ Make arrangements for the temporary care, education and financial support of my minor children or others I care for or support
POWERS FOR HEALTH AND PERSONAL CARE MATTERS
Minor & major health care Minor health care includes examinations, immunizations, medications. Major health care includes surgery, anything with general anesthetic, kidney dialysis, chemotherapy. These powers are defined in the Health Care Consent Act. Note: you cannot authorize your Representative to refuse life support on your behalf in an Agreement with only standard powers. However, if your Representative(s) has authority for minor and major health care, they will be included in life support decisions for you. Such decisions would be by majority agreement of the medical team (that it is medically appropriate), your Representative (who puts forward your wishes and preferences) and other family members who may know your wishes.	+ Refuse consent for specific kinds of health care, including life-supporting care or treatment This authority would give your Representative(s) the final and sole say on refusing life support for you. They must do this according to your wishes. + Consent to the kinds of health care prescribed under section 34(2)(f) of the Health Care Consent Act: Note: These are listed in the Regulation and include: • abortion; • electro convulsive therapy (ECT); • experimental health care where the risk is not outweighed by the benefit; • participating in a health care or medical research program not approved by a committee that approves such in B.C. + Give consent, to specific kinds of health care, even if I am refusing to give consent at the time the health care is provided; This power is for situations where an illness or condition affects your judgment or perception such that you will deny or refuse care or treatment that, when you are well, you know you want. This power lets your Representative(s) override your denial for help when ill, and consent to treatment you specified when you were well. Some examples of conditions where this might be useful include a mood disorder, dementia, anorexia, addiction.
Personal care Includes diet, exercise, where I live and with whom, spiritual or religious traditions and activities, arranging home support, caring for pets, etc.	+ Consent or refuse consent to physically restrain, move or manage me or have me physically restrained, moved or managed, when necessary and despite my objections + [Admission to any kind of care facility] The authority to consent or refuse consent to care facility admission, is described in the Representation Agreement Act. The Act differentiates between types of facilities covered in standard powers versus additional powers. However, these types make reference to a care facility proposal under the Care Facility Admission Act, which is not in effect. In the meantime, consenting or refusing consent to care facility admission is likely covered under personal care (where I live and with whom) in standard powers but should probably also be specified. And, if you are making an Agreement with additional powers, include it as an additional power.

For more information, contact the Resource Centre at info@rarc.ca or phone 604-408-7414.

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