A Representation Agreement is a legal document that allows an adult (age 19 or over) to plan for the possibility of future incapacity. The agreement names another person to manage their personal and health care needs and their financial matters in the event they are not able to do so on their own. Ideally, this designated representative works with the person living with mental illness to draw up a Representation Agreement when their mental health is stable.

This may include decisions related to:

  • Health care
  • Personal care (i.e. living arrangements; diet and dress; participation in educational or vocational activities; access to personal information; restraint issues; and others)
  • Admission to, or continued residence in a care facility
  • Legal and financial matters

The Representation Agreement Act does not apply to a person’s involuntary admission or treatment in or through a psychiatric unit under the Mental Health Act. In practice, for people admitted and treated under the Mental Health Act, the physician would carefully consider relevant material in a Representation Agreement but make decisions in accordance with the the law and the person’s best interests.

The Ministry of Attorney General provides two standard forms for Representation Agreements (Form 7 and Form 9), but using them is optional. Any document that replaces these forms must comply with the requirements of the Representation Agreement Act. Please note that the standard forms may not be appropriate for use by everyone.

Read the full Representation Agreement Act here, https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/10_199_2001

lf a person doesn’t have a Representation Agreement in place and they become incapacitated, the Adult Guardianship Act may apply.

The above is adapted from the Government of BC’s information on Incapacity Planning.

For additional information and details, please consider reviewing It’s Your Choice: Personal Planning Tools,” a document is published by the Public Guardian and Trustee of British Columbia.

DISCLAIMER: The information contained in this section is provided for informational purposes only, and should not be construed as legal advice on any matter. We encourage you to seek legal advice when dealing with any of these issues.

Form 7

Using a Form 7, an adult may name a representative to make decisions with respect to:

  • their personal care and health care;
  • the routine management of their financial affairs; and
  • obtaining legal services for the adult and instructing counsel

In order for a Form 7 to be effective, the following applicable certificates must be completed:

  • Certificate 1 (Representative or Alternate Representative)
  • Certificate 2 (Monitor)
  • Certificate 3 (Person Signing for the Adult)
  • Certificate 4 (Witnesses)

These certificates can be found in the Representation Agreement Act, under the schedules.

The above is adapted from the Government of BC’s information on Incapacity Planning.

 

DISCLAIMER: The information contained in this section is provided for informational purposes only, and should not be construed as legal advice on any matter. We encourage you to seek legal advice when dealing with any of these issues.

Form 9

Using a Form 9, an adult may name a representative to do anything that the representative considers necessary only in relation to their personal care or health care.

What personal care decisions may be included under a Personal Care or Health Care in a Representation Agreement Form 9?

“In a Personal/Health Care RA9, you may give your representative authority over anything the representative considers necessary for your personal care or you can specify what decisions are covered. Some areas of decision making may include:

  • living arrangements (including admission to a care facility)
  • diet and dress
  • participation in educational or vocational activities
  • access to personal information
  • restraint issues”

The above is taken from “It’s Your Choice: Personal Planning Tools,” a document is published by the Public Guardian and Trustee of British Columbia.

 

DISCLAIMER: The information contained in this section is provided for informational purposes only, and should not be construed as legal advice on any matter. We encourage you to seek legal advice when dealing with any of these issues.

Useful Resources

The following are a list of useful resources that covers all planning mechanisms that address decisions for a person who has become incapable of making decisions.


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