4,104
edits
Changes
→4. Representation Agreement (RA)
An adult who has diminished capacity may still be allowed to make, change or revoke a s 7 RA, even when the adult is incapable of: (s 8(1), RAA)
*making a contract;
*managing his or her health care, personal care or legal matters; or
*the routine management of his or her financial affairs.
The statutory test to determine incapacity for a standard s 7 RA is set out in s 8(2) of the RAA. In determining whether an adult is incapable of making a s 7 RA, the following factors will be relevant:
*whether the adult communicates a desire to have a representative make, help make, or stop making decisions;
*whether the adult demonstrates choices and preferences and can express feelings of approval or disapproval of others;
*whether the adult is aware that making the representation agreement or changing or revoking any of the provisions means that the Representative may make, or stop making, decisions or choices that affect the adult; and
*whether the adult has a relationship with the representative that is characterized by trust.
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