Representation Agreements

A Representation Agreement is a legal document whereby you appoint another person, called a “Representative”, to make personal care and health care decisions on your behalf. The appointment remains valid should you become mentally incompetent. A Representation Agreement covers authority and wishes for many more situations than end-of-life. It covers situations such as arranging rehabilitation after a stroke or consent for surgery as a result of a traffic accident.

A Representation Agreement creates a contract between you and the Representative. The Representative has certain duties they must follow. For example, the Representative must consult with you, as much as is reasonable, to determine your wishes. Should you become mentally incompetent or incapacitated the Representative has the authority to have the final say on your wishes despite disagreement by other members of your family. This authority applies in all situations, not just emergencies.

If there is no Representation Agreement, then the person or persons who wish to manage your affairs should you become mentally incompetent must first apply to the court – a lengthy and expensive process. The applicants will then be known as a “Committee” and their conduct will be governed by provincial legislation. To protect your interests the provincial Office of the Public Guardian and Trustee will monitor the actions of the Committee under direction from the court. Government intervention usually brings with it a number of additional delays and expense – which can be avoided by having a Representation Agreement.

There is no “Living Will” law in British Columbia. The provisions contained in a Living Will in other jurisdictions are covered under an Representation Agreement.

The BC Ministry of Health reports that only 10% of deaths are of a sudden nature. Most of us will die having lived for some time with a chronic condition – for example: Cancer, Alzheimer’s, Multiple Sclerosis, Parkinson’s. Planning for future care should reflect this reality.