What Is A Representation Agreement And When Do You Need One?

October 11, 2022 | Published by

A representation agreement is an important document used in British Colombia for personal planning and advance care planning. It allows you to choose an individual to make personal and healthcare decisions on your behalf when you have lost the capacity to do so yourself. This agreement comes into effect when you can no longer give informed consent regarding life-altering health care decisions. Having this agreement in place relieves the stress from loved ones from having to make difficult, life-altering decisions on your behalf. 

Are Representation Agreements Different From Living Wills And Advance Directives?

In BC, living wills are morally binding documents that state end-of-life wishes. A representation agreement, on the other hand, is a legally binding document that authorizes an individual of your choosing to make personal and healthcare-related decisions on your behalf while you are alive.

Advance directives allow more than one representative to act on your behalf and are in charge of a larger range of circumstances. Advance directives are legally binding in British Colombia, however, similar to living wills as they usually only state end-of-life wishes. 

Who Can Make A Standard Representation Agreement

There are two types of representation agreements:

  • Enhanced representation agreement (Section 9) – This type of representation agreement can be made by an adult who understands what the agreement is about, and what it allows the individual representing them to do on their behalf. The representative can make decisions on their behalf regarding health care and personal care. 
  • Standard representation agreement (Section 7) – This agreement can be made by an adult even if they have some trouble understanding information. Their representative can help them make health care, personal care, routine and financial decisions.

How To Prepare A Representation Agreement

The Ministry of Attorney General has published standard, optional forms that can assist individuals that are planning for possible future incapability. When considering whether to use these forms, it is important to note that they provided only one option of how a representation agreement can be made. There are many other options provided by the legislation, and our notary service can help you prepare a representation agreement to reflect your needs.

How We Can Help

Morris Notary is available to help you prepare your representation agreement from our Vancouver Notary Public. If you have any questions, fill out our contact form to book an appointment, and we’d love to help you!