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Representation agreements in British Columbia

A power of attorney deals with your property. A representation agreement deals with you: medical treatment, where you live, who cares for you, and, if you choose, decisions about life support. In British Columbia it is the document that gives a person you have chosen the authority to speak for you, rather than leaving it to whoever a hospital reaches first from a list set by legislation. This page sets out the two kinds, what each covers, and what we need from you.

Who this is for

Representation agreements

Any adult who wants to choose who speaks for them, rather than have the choice made by a default list. There are two kinds. A standard agreement covers routine personal and health care decisions and some day-to-day financial management, and can be made by someone whose capacity is already reduced. An enhanced agreement covers the serious decisions: major health care, refusing life-supporting treatment, where and with whom you live, and admission to a care facility. Most people making one while they are well make the enhanced kind and pair it with an enduring power of attorney.

The work

What we do

  1. 01Take your instructions on your own, and settle which kind of agreement you need.
  2. 02Choose your representative and an alternate, and settle how they act if there is more than one. A representative has to be an adult and cannot be somebody paid to care for you unless they are also family.
  3. 03Go through the scope of authority decision by decision: routine care, major care, where you live, admission to a facility, refusing or stopping life support, and the arrangements for anyone who depends on you. Each is a separate grant and the agreement lists them.
  4. 04Decide whether to name a monitor, whose role is to check that the representative is doing what the agreement says, and whether you want one at all.
  5. 05Record your wishes about care, either in the agreement or in a separate advance directive that health providers act on directly, so your representative is applying your instructions rather than guessing at them.
  6. 06Decide when it takes effect: as soon as it is signed, or only once you can no longer make the decision yourself.
  7. 07Supervise the signing. The representative signs a certificate accepting the role, the witnesses have their own requirements, and an agreement that misses one of them is not an agreement.

Your part

What we need from you

Gathering these early is the single biggest thing you can do to keep a file on schedule.

  • Two pieces of government-issued identificationOne has to carry your photograph. Bring them to the meeting.
  • Your representative's full legal name, address and contact detailsAnd the same for an alternate. The representative has to sign, so we need to be able to reach them.
  • Any representation agreement, power of attorney or advance directive you already haveA new agreement does not automatically replace an old one.
  • Your decisions on the serious questionsLife support, admission to a care facility, where you would want to live, anything you would never consent to. The questionnaire asks each one, and we go through anything you are unsure of at the meeting.
  • Anything about your health or your family that affects how it will be usedOnly as much as you want to tell us. A diagnosis, a family member who should be involved or should not, a faith requirement.

Risk

Watch for

The things that actually derail this kind of file, rather than the ones that sound alarming.

The default decision-maker
Without an agreement, a health care provider who needs consent you cannot give chooses a temporary substitute decision-maker from a ranked list of relatives set by legislation. That person may not be who you would choose, has narrower authority than a representative, and has to be found and asked each time. The agreement replaces the list with your choice.
A representative and an attorney who disagree
Where you live involves both the person who decides on your care and the person who pays for it. If the representative and the attorney are different people, they need to be able to work together, and the documents should be drafted with each other in mind.
An agreement the representative has not accepted
The representative signs a certificate as part of the agreement. Until they have, they cannot act. An agreement signed only by you is not ready to use.
Wishes that were never written down
A representative is bound to act on your instructions and, where there are none, on your known values. Instructions that exist only in a conversation are hard to prove at the bedside. Write them into the agreement, or into an advance directive, while you can.

Questions

Common questions

Is a living will the same thing?
A living will is not a legal term in British Columbia. What people mean by it is usually an advance directive: written instructions to health providers about treatment you do or do not want, which they act on directly. A representation agreement appoints a person to decide. Many people make both, so that a person is applying written instructions.
Can my representative manage my money?
Under a standard agreement, in a limited way: routine bill-paying and the like. Anything beyond that, including dealing with property, needs an enduring power of attorney. Most people making a representation agreement make one at the same time.
Who can be my representative?
Any adult, with one exception: somebody paid to provide you with personal or health care cannot be your representative unless they are also your spouse, child, parent or sibling. A representative should be somebody who knows what you would want and is willing to say so to a doctor who may disagree.
Can my representative request medical assistance in dying for me?
No. Under current law that request has to be made by the person themselves, and a representative cannot make it on their behalf. If it matters to your planning, raise it at the meeting rather than assuming the agreement covers it.
What if my family disagrees with my representative?
The representative has the authority, and a health care provider is entitled to act on their consent. A monitor, if you have named one, can step in where the representative is not following the agreement. Naming a representative your family will accept, and telling them you have done it, prevents most of the disagreement before it happens.

Talk to us about your file

We quote your file in writing before we start work, so the number on your statement of adjustments is the number you agreed to.