Disclaimer: the information listed above is not exhaustive. This is for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Please contact us at 604 416 0211 or info@jurisnotary.com for more information.
WHAT IS A REPRESENTATION AGREEMENT?
In British Columbia, representation agreements and enduring powers of attorney are two types of legal documents which allow individuals to plan for the possibility of future incapacity.
Representation agreements are legal documents which help you assign a person of your choice to make health care decisions, handle financial affairs or manage other legal decisions on your behalf, should you be unable to do so for yourself in the future.
More specifically, the Official Website of The Government of Canada states the following:
“These are tools that allow an individual to name another person to manage their personal and health care needs and financial matters in the event they are not able to do so on their own.”
THINKING ABOUT ADVANCED CARE PLANNING?
Discussing your plans for future incapacity can seem overwhelming, but it doesn’t have to be. When people hear ‘future incapacity’, some associate this with an appointed representative who manages your affairs when you reach retirement (or some other time in life when you are legally incapable of making your own decisions).
It’s always good to have a helping hand, and it’s never too early to prepare and plan for advanced care planning. A representation agreement would cover situations such as accidental injuries and/or disabilities:
- personal care
- management of financial affairs
- some “major health care and minor health care, as defined in the Health Care (Consent) and Care Facility (Admission) Act“
- legal services and “instructing counsel to commence proceedings, except divorce proceedings, or to continue, compromise, defend or settle any legal proceedings on the adult’s behalf”
To discuss the options Juris Notary has for you, regarding representation agreements, you may wish to speak with us directly at 604.416.0211 or via email for more information today.
APPOINTING A REPRESENTATIVE IN A REPRESENTATION AGREEMENT
The Representation Agreement Act exists for two reasons:
- To “allow adults to arrange in advance how, when and by whom, decisions about their health care or personal care, the routine management of their financial affairs, or other matters will be made if they become incapable of making decisions independently”.
- To “avoid the need for the court to appoint someone to help adults make decisions, or someone to make decisions for adults, when they are incapable of making decisions independently“.
NOTE: You may not authorize a representative as a condition of receiving any good or service, and that any authorizations for representation must be done while you are legally capable of doing so. This is to protect both yourself and your representatives by ensuring all parties are consciously and contently agreeing to the terms as listed in the representation agreement between all parties.
For extra precaution, you may choose to appoint an ‘Alternative Representative’ should your primary representative fall under any of the scenarios as listed under the Representation Agreement Act, where they’re incapable of representing you during that time.
HOW TO HELP SOMEONE WHO CANNOT MANAGE THEIR OWN AFFAIRS
Keeping things in check on a regular basis can help immensely if you are looking after someone’s personal affairs as per a Representation Agreement.
Routine management is important to keep in mind if you are appointed as a person’s representative for future incapacity. If you are Appointed as a representative, these are some things to look out for when helping someone who cannot manage their own affairs:
- payment of bills
- receipt and deposit of pension and other income
- purchases of food, accommodation and other services necessary for personal care
- the making of investments
For further clarification or assistance, we recommend speaking to your personal Notary Public, or a legal representative, directly to discuss the best ways to help a person under your care as someone’s appointed representative.
HOW JURIS NOTARY CAN HELP YOU
Finally, here’s to the big question: who should you appoint on your behalf?
Based on the information provided above, you should appoint a representative to someone who is responsible, reliable, trustworthy and has a strong personal moral compass.
Still not quite sure who you should appoint as your representative?
Let’s discuss your options and figure it out together.
At Juris Notary, we can help with processing your BC representation agreement as needed. We maintain a standardized procedure where we can meet our clients in person and go over any questions or concerns you may have regarding your legal documents.
Should you have any further questions regarding the services that a Notary Public can provide for you, feel free to contact us at 604.416.0211 or info@jurisnotary.com to speak with a legal representative today.