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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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