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→4. Representation Agreement (RA)
*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.
The statutory test to determine incapability for non-standard, s 9 representation agreements, is set out in s 10 of the RAA. An adult is incapable of making a s 9 RA if the adult is “incapable of understanding the nature and consequences of the proposed agreement”.
For more information and an explanation of the differences between a s 7 RA and a s 9 RA, refer to [[Representation Agreements (15:V)#A. Types of Representation Agreements | section V.A: Types of Representation Agreements]] in this chapter.
== 5. Advance Directive (AD) ==
A capable adult may also choose to make an Advance Directive (AD), which is a legally-binding document that provides instructions with respect to giving or refusing consent to health care treatment or procedures. According to s 19.1 of the HCCFA, an adult is presumed to have capacity to make an AD, unless there is evidence that he or she is incapable of understanding the nature and consequences of the AD.
An adult is incapable of understanding the nature and consequences of an AD, if the adult cannot understand:
*the scope and effect of the health care instructions set out in the AD; and
*that a temporary substitute decision-maker (TSDM) will not be chosen by the health care provider to make decisions on behalf of the adult about the health care described in the AD except in circumstances set out in s 19.8 of the HCCFA.
For more information about the requirements and scope of ADs, refer to [[Advance Directives (15:VI) | section VI: Advance Directives]] in this chapter.
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