Difference between revisions of "Powers of Attorney and Representation Agreements"

Under section 12, if your representation agreement deals with routine management of your financial affairs, you need an extra safeguard: you must name a monitor, unless your representative is your spouse, the Public Guardian and Trustee, a trust company, or a credit union. Or unless you name 2 or more representatives to deal with these financial affairs and require them to act unanimously.  

Two types of representation agreement under Representation Agreement Act

• Section 7 deals with standard provisions for routine management of financial affairs, legal services, personal care, and minor and major health care. Section 8 has a test of incapacity for using standard provisions. An adult may make a representation agreement using standard provisions even if they cannot make a contract or make decisions independently.  

• Section 9 deals with non-standard representation agreements for all personal care and health care matters. Section 10 says that to make this type of agreement, you must understand the nature and consequences of the document when you make it. Under this type of agreement, you can give general or specific powers. A representative with general powers can give or refuse consent to health care, including health care necessary to preserve life.  

Conflict with enduring power of attorney

• your representation agreement includes routine management of financial affairs, and

• you also have an enduring power of attorney (explained above) dealing with your financial affairs, and

• the 2 documents overlap and conflict,

Revoking or changing a representation agreement

Under section 27, to revoke a representation agreement, you have to give written notice to the representative and alternate representative and monitor. Under section 28, the parts dealing with routine financial affairs are automatically cancelled if you or the representative become bankrupt or if the representative is convicted of an offence involving dishonesty, and in certain other cases. And under section 29, a representation agreement ends in certain cases including if you or the representative die or if the representative becomes incapable.  

Representation Agreement Act updated in September 2011

The Representation Agreement Act was updated on September 1, 2011. Representation agreements signed before then will generally still be valid. But any representation agreements signed on or after September 1, 2011 must follow the updated law.

Do you need a lawyer to make a representation agreement?

Where can you register these documents?

More information

• The Nidus Personal Planning Resource Centre & Registry has detailed information on all aspects of both enduring powers of attorney and representations agreements, including fact sheets, forms, and videos.   

• The Public Guardian and Trustee of British Columbia at 604.660.4444.  

• Script 426 on Committeeship explains what happens if you become mentally incapable and have not done any personal planning.  

• Script 428 on Adults and Consent to Health Care has more on advance directives and temporary substitute decision-makers if you become incapable.

• Scripts 176 to 179 deal with the third part of personal planning: wills. The other two parts are enduring powers of attorney and representation agreements.