Planning for the future isn’t just about finances or property, it’s also about ensuring your health care and personal decisions are managed according to your wishes if you become incapable or unable to express your wishes. In British Columbia, one of the key legal tools for this purpose is a Representation Agreement.
A Representation Agreement is a legal document recognized under the Representation Agreement Act of British Columbia. It allows you (the “adult”) to appoint someone you trust, called a “representative”, to make decisions on your behalf if you are unable to do so by yourself. These decisions can relate to health care, personal care, or, in limited cases, financial affairs.
Representation Agreements are an essential part of personal planning in BC, alongside wills, powers of attorney, and advance directives. They allow individuals to express their preferences, protect their autonomy, and ensure that their values are respected, especially during times when they may not be able to advocate for themselves.
Types of Representation Agreements: Section 7 vs. Section 9
There are two primary types of Representation Agreements in BC, each with distinct purposes and limitations:
1. Section 7 Representation Agreement
Section 7 of the Representation Agreement Act allows this type of representation agreement to be used when a person has reduced capacity, but is still capable of understanding basic decisions. This type allows the representative to make routine decisions about:
- Minor and major health care
- Personal care
- Legal affairs (limited)
- Routine financial matters (e.g., paying bills, etc.)
Section 7 agreements are commonly used for adults who may need assistance, but don’t meet the traditional legal definition of incapacity. These agreements offer an important safeguard for vulnerable individuals, enabling them to live more independently while ensuring there is support in place for decision-making.
2. Section 9 Representation Agreement (Advanced)
Section 9 agreements provide broader authority, typically focusing on health and personal care. Unlike Section 7, they do not cover any financial or legal matters. Section 9 is used when the adult is capable of understanding the agreement and wants to appoint someone to make major decisions if they lose capacity, including, but not limited to:
- Medical treatments or procedures
- Long-term care placement
- End-of-life care and life support, etc.
Section 9 agreements often include specific instructions or limitations to guide the representative. For example, someone might indicate a preference to avoid artificial life support or outline spiritual beliefs that should be considered in medical decision-making. The agreement can also include alternate representatives in case the primary one is unavailable.
Why a Representation Agreement Is Important
Without a Representation Agreement in place, your loved ones may face disagreements or disputes, or they may even have to apply to the court to be appointed as a committee under the Patients Property Act; a lengthy and costly legal process. This can also lead to delays in decision-making and may result in someone being appointed who does not fully understand your wishes.
A Representation Agreement gives you the power to choose who will act on your behalf and to define the scope of their authority. It ensures that your personal values and beliefs are taken into account, especially during critical health events. In addition, it minimizes the emotional and legal burden on family members during stressful times.
It also helps avoid confusion or conflict among family members during a medical crisis. For instance, doctors are legally required to consult with a designated representative when one exists. Health care providers are more likely to respect and follow decisions when they are made by a legally appointed representative.
How Is This Different From a Power of Attorney?
A Power of Attorney (POA) mainly covers financial and legal decisions, not health or personal care ones. In contrast, a Representation Agreement focuses on decisions about your body, mind, and well-being. Many British Columbians benefit from having both documents in place for full protection.
It's important to note that a POA ends when the adult becomes incapable (unless it’s an “enduring POA”, while a Representation Agreement is specifically designed to come into effect or continue in situations of incapacity. This distinction highlights why both documents are essential parts of a complete personal planning strategy.
To ensure a Representation Agreement is legally valid:
- It must be made in writing and signed in front of two witnesses (or one if a lawyer or notary is present)
- The adult must understand the nature and effect of the agreement (especially for Section 9)
- The representative must accept their role and understand their duties
Representation Agreements can also include alternate or backup representatives and specific instructions or restrictions. Reviewing and updating your agreement periodically is a good idea, especially if your health, relationships, or living situation changes.
Who Should You Appoint as a Representative?
Choosing the right person to act as your representative is critical. They should be someone who understands your values, communicates well, and is capable of handling complex or emotional decisions. It's also wise to discuss your wishes openly with them before finalizing the agreement.
In BC, your representative must be at least 19 years old and willing to act in your best interest. You can also appoint more than one representative to act jointly or separately, depending on your preferences and needs. Alternates can provide a backup solution in case your first choice is unavailable.
Get professional support
Because of the legal implications and importance of personal autonomy, it’s wise to consult a legal professional when creating a Representation Agreement. At Lilian Cazacu Notary Corporation, we help clients across British Columbia prepare clear, compliant personal planning documents that reflect their wishes and protect their rights.
Whether you're navigating a recent diagnosis, planning for the future, or supporting a loved one, we're here to guide you through the process with compassion and experience.
If you're thinking about future planning or want to ensure your health care decisions are in trusted hands, contact us today at (604) 427-4279 to book your consultation.
