Wondering if You Should Sign a Representation Agreement? Here’s What You Need to Know

June 23, 2022 | Published by

If you’ve been asked to sign a representation agreement, or if you’re looking for someone to sign one for you, you probably have some questions. Here’s a closer look at what it means to sign a representation agreement in BC from the experts at Morris Notary.

What is a Representation Agreement?

Illness, injury, or disability can render you unable to make your own decisions, but you can set up arrangements for decision-making in advance through a legal document called a representation agreement.

You may be wondering about the difference between a representation agreement and power of attorney. While power of attorney gives another person the authority to take care of financial and legal affairs, a representation agreement allows you to choose a representative to take care of not only financial and legal but also personal and health care matters.

The Different Types of Representation Agreements in BC

There are generally two different types of representation agreements in BC: a “Section 7” agreement, which covers day-to-day decisions, and a “Section 9” agreement which covers more intrusive or generally controversial decisions.

In a Section 7 agreement, your representative can make decisions related to:

  • Personal care
  • Routine management of financial affairs
  • Minor health care like dental treatment
  • Major health care like treatments involving a general anesthetic or radiation
  • Obtaining legal services and providing instruction to lawyers

In a Section 9 agreement, your representative can make decisions related to:

  • Consent to specified kinds of health care
  • Refusal of consent to life-supporting care or treatment
  • Admission to a nursing home or other facilities
  • Arrangements for temporary care and support of minor children

As you can see, Section 9 agreements concern complex and significant medical decisions.

Who is a Good Candidate to Sign a Representation Agreement?

You can choose any capable individual to act as your representative, as long as they are 19+ and willing to sign. However, as you can determine from the level of responsibilities outlined above, it is important to choose a trusted individual.

Also, note that your representative must not be paid. You cannot appoint a person whom you employ or who is employed through a facility from which you receive personal or health care. The only exception to this is if that person is your child, parent, or spouse.

How A Qualified Notary Can Help

If you are being asked to sign a representation agreement or prepare one yourself, know that this is a serious responsibility. Morris Notary has helped hundreds of clients create representation agreements in BC with care and expertise. If you have questions or would like legal assistance in preparing these important documents, contact our office today to set up an appointment.