Representation Agreements

Representation Agreements

A Representation Agreement grants a trusted person the legal authority to make decisions about your medical care if you become mentally incapacitated.

A Representation Agreement (RA) is a legal document governed by the British Columbia (BC) Representation Agreement Act, which has been in effect since February 28, 2000. To create an RA, you must be an adult, meaning 19 years or older, as this is the age of adulthood in BC.

An RA allows you to appoint a representative who can help you make decisions (often referred to as supported decision-making) or make decisions on your behalf (known as substitute decision-making). It’s recommended to also designate an alternate representative.

In BC, an RA is the only legal document that covers both health care and personal care. Some adults also create an RA that includes provisions for managing routine financial matters.

What can you authorize in a Representation Agreement (RA)?

The powers you can grant to a representative are outlined in two sections of the RA Act: Section 7 and Section 9. These are commonly referred to as RA7 and RA9.

A Section 9 Representation Agreement (RA9) allows for the most extensive coverage of health and personal care matters but does not include financial matters.

A Section 7 Representation Agreement (RA7) can grant authority for routine management of financial and legal affairs, as well as minor and major health care, and personal care decisions.

Who can create a Representation Agreement (RA)?

The main difference between RA7 and RA9 lies in the capability requirements.

An RA9 is for adults (19+) who are deemed capable of understanding the nature and consequences of the agreement at the time it is made. This follows the traditional definition of capability, similar to what is required for making a will, certain powers of attorney, or contracts.

An RA7, on the other hand, is intended for adults (19+) whose mental capacity to “understand” may be in question. The definition of capability for an RA7 is different from the traditional one and is specific to RA7 agreements.

When can a Representation Agreement (RA) be used?

A Representation Agreement is a personal planning document, meaning it is intended for use during your lifetime and has no effect after your death.

An RA can take effect immediately or be activated by a specific “trigger event.” The Agreement remains in place until you revoke (cancel) it or upon your death. It also ends if a legal guardian (referred to as a “committee” in BC) is appointed for you, unless the court decides otherwise.

What are the duties of a representative?

The duties of a representative are specified in Section 16 of the Representation Agreement Act. According to the Act, your representative must act honestly, in good faith, and in accordance with the law. Their role is to assist you in making decisions about your life, which means they should be informed and involved in your affairs. They need to stay updated on your situation so that they are prepared to step in and act on your behalf if necessary.

When should I create a Representation Agreement?

The ideal time to create a Representation Agreement is before a crisis arises. It’s common for individuals to establish multiple Representation Agreements throughout their lifetime.

Connect with MTC Law today to learn more about how a Representation Agreement can help you and your family.