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Responsibilities of a Representative


The Representation Agreement Act spells out the duties of a Representative in Section 16. The following is a brief outline of some of these duties. For more details, click here Responsibilities of representative March 09

The term ‘adult’ is used to refer to the person who has a Representative.

--> Act honestly and in good faith.

--> Assist the adult to make decisions or make decisions on behalf of the adult.
If the adult cannot make the decision, a Representative’s first duty is to support the adult to participate in decision-making. For example, helping the adult to express their preferences and feelings.


--> Keep records.
A Representative must keep track of decisions they make on behalf of the adult. For example, the date, a brief description of the circumstances including any others involved [eg. doctor] and the decision made.

There are additional requirements if a Representative is handling financial matters.

--> Must keep the adult’s personal information confidential.

Rights when acting as a Representative

--> May be refunded for expenses paid out-of-pocket.

--> Right to information and documents the adult has a right to (eg. medical chart, tax information).


Protection from liability

Representatives cannot do anything that is illegal or be expected to do things the adult asks them to do that are impossible or unreasonable. They may not be liable (legally responsible) for errors as long as they follow their duties under the law and any specific requirements stated in the Representation Agreement.

 
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