Personal Planning

PERSONAL PLANNING
REPRESENTATION AGREEMENTS
ADVANCE DIRECTIVE
POWER OF ATTORNEY
COMMITTEESHIP

PERSONAL PLANNING

Personal planning is about making proactive decisions while you are still in good health to ensure that, if something unexpected happens, your wishes are respected, and your loved ones can act on your behalf without unnecessary legal hurdles. Unlike estate planning, which takes effect after you pass away, personal planning is for while you are alive – ensuring that critical decisions about your health, finances, and personal care are made according to your wishes if you become unable to make them yourself.

There are four key areas where you should decide who will have the authority to act for you if you are unable to do so:

• Financial Affairs – e.g., managing banking, government benefits, taxes, and investments
• Legal Affairs – e.g., accessing legal services, instructing a lawyer, or settling claims
• Health Care – e.g., making medical decisions, including consent for medications/surgeries
• Personal Care – e.g., choosing living arrangements, diet, exercise, activities, and safety measures

Life is unpredictable—having a clear plan ensures that decisions about your life are made by you or someone you trust, rather than by outside authorities.

At MTC Law, we help individuals and families create the essential legal documents needed to secure their future. Take control today by letting us help you put the right protections in place before a crisis happens.

REPRESENTATION AGREEMENTS

A Representation Agreement (RA) is one of the most important personal planning documents you can have in British Columbia. It allows you to appoint someone you trust to make health and personal care decisions on your behalf if you become mentally incapable. Without an RA, your loved ones may face legal delays and challenges when trying to help you during a crisis.

Types of Representation Agreements
There are two main types of RAs in BC:

• Section 9 RA (RA9) is for adults who are currently capable and want to plan ahead. It covers critical health care and personal care decisions, such as accepting or refusing life support or moving into a care facility.

• Section 7 RA (RA7) is designed for adults whose decision-making ability is already affected by a condition like dementia or a brain injury. It can include authority over health care, personal care, and even routine financial or legal matters.

An RA takes effect either immediately or when a doctor confirms incapacity, and remains valid until it is revoked, replaced, or the adult passes away.

Responsibilities of a Representative
Your representative’s role is to support you in making your own decisions as much as possible. If that is no longer feasible, they must follow your known wishes or values. Once completed, your RA can be registered with the Nidus Registry, making it accessible when needed. The best time to put one in place is before a crisis. Contact MTC Law today to create your Representation Agreement and protect your future with confidence.

ADVANCE DIRECTIVE

An advance directive is a legal document that records your instructions for accepting or refusing specific health-care treatments. An advance directive gives you the opportunity to record instructions for accepting or refusing specific health care treatments. It’s meant to “stand in” for you in the future—at a time you need health care but aren’t capable of providing consent. To make an advance directive, you must be capable of understanding the nature and consequences of the proposed advance directive.

POWER OF ATTORNEY

A Power of Attorney (PoA) is a vital legal tool that allows you to appoint someone you trust to manage your financial and property affairs. This person, called your “attorney”—does not need to be a lawyer but must act in your best interests. In British Columbia, a PoA is only valid if you are mentally capable at the time of signing, making it essential to put one in place before capacity becomes an issue.

Types of Power of Attorney in BC
There are two main types of Power of Attorney in BC:

• Non-Enduring Power of Attorney – typically used for temporary or business-related matters, which ends if you lose mental capacity.
• Enduring Power of Attorney – which continues to be valid even if you become incapable.

Both types can be tailored to cover general financial responsibilities or limited to specific tasks. Your attorney can handle tasks like banking, paying bills, and managing real estate, but they cannot make a will, change beneficiaries, or transfer their authority to someone else.

How We Can Help
Having a PoA in place ensures that someone you trust can manage your financial affairs if you are unable to, avoiding the delay and expense of court-appointed guardianship. However, the document must be carefully drafted—choosing the wrong attorney or failing to set proper limits can result in serious financial harm. That is why legal guidance is crucial.

At MTC Law, we help you create a Power of Attorney that is legally sound, reflects your wishes, and protects your interests. Our team ensures your PoA complies with BC laws, clearly defines your attorney’s powers, and evolves with your changing needs.

COMMITTEESHIP (also known as ADULT GUARDIANSHIP)

When an adult loses mental capacity and has not prepared a Power of Attorney or Representation Agreement, committeeship may be needed. This court-appointed process allows a trusted person to manage the adult’s financial, legal, and personal care decisions.

In BC, committeeship is granted under the Patients Property Act. A family member, friend, or the Public Guardian and Trustee can apply to the Supreme Court to become a committee. There are two types:

• Committee of the Estate – handles finances and legal matters.

• Committee of the Person – makes health and personal care decisions.

One person can be appointed to both roles.

The process involves medical evidence, court documents, and notifying interested parties. It can be complex—especially if there are disagreements—so legal guidance is key. At MTC Law, we help families navigate every step of the committeeship process with clarity and care. Contact us to protect your loved one’s well-being and ensure their affairs are in trusted hands.