Growth is an essential part of human existence. It is one of the things that set us apart from non-living things and makes our journey through life a continuous process of learning, evolving, and becoming better versions of ourselves. However, as humans grow older, all kinds of health issues will set it, thereby making it hard to perform certain functions. One of the problems we will likely face as we grow older is the inability to make important decisions for ourselves and others, and this is where a representation agreement comes in. A Representation agreement can be seen as a legal agreement that empowers someone to make decisions on behalf of another person.
In this blog post, we will delve into the topic of representation agreements in British Columbia, exploring what they are, the types, and the crucial role of a monitor.
What is a Representation Agreement?
A representation agreement is a legal document that allows someone to make decisions on behalf of another person. This decision could be about their health, their daily living, finance, and also legal matters. In British Columbia, for example, a typical representation agreement that covers a person’s health care will include where the person lives, what healthcare treatments they would receive, and who can visit them.
It should, however, be noted that in a representation agreement, someone will only be allowed to create one only if they are mentally capable of understanding the nature and consequences of the agreement.
Types of Representation Agreements
In British Columbia, people can create two types of representation agreements. We shall discuss the two types below.
- Standard representation agreements: A standard representation agreement is arguably one of the most used as it covers all four types of decisions, including health care, personal care, financial affairs, and legal matters. The only problem with standard representation is that it has some restrictions. One is that it limits what the representative can do within each area. Also, the agreement only grants standard powers. That is, the representative can only help with routine management of financial affairs such as paying bills and managing bank accounts, but decisions such as selling or buying a house or taking out a loan are not covered. The law also excludes certain powers in the personal care and health care categories.
- Enhanced Representation agreement: Enhanced representation agreement, on the other hand, only covers health care and personal care decisions. However, unlike the restrictions placed on health care and personal care under standard representation, enhanced agreement, on the other hand, gives representatives more control over these two decisions. For instance, under health care decision, a representative can refuse consent to life-supporting treatment if you’re incapable of making the decision yourself or consent to specific health care treatments even if you object to the treatment at the time it’s needed, as long as you’ve specified this in your agreement. Similarly, the representative can consent to your being physically restrained, managed, or moved under personal care so you can receive care.
Important Decisions Covered in a Representation Agreement
- Health Care: Decisions regarding one’s health is covered in a representation agreement. This includes decisions related to medical treatments, procedures, medications, and end-of-life care.
- Personal Care: Decisions regarding one’s care, maybe after being rendered incapacitated, is another important inclusion in a representation agreement. This includes decisions about one’s daily living activities, such as housing, food, clothing, and hygiene.
- Financial Affairs: The representation agreement also gives the selected representative the power to make decisions regarding the finance of another person. For example, a representative can make decisions regarding money management, such as paying bills, managing bank accounts, and the entity’s investments.
- Legal Matters: This includes decisions related to legal matters, such as contracts, litigation, and property. However, there are restrictions on what a representative can do within each area, depending on the type of representation agreement.
Who Can Make a Representation Agreement?
As we all know, decisions regarding one’s healthcare and personal matters are very sensitive; hence no one would want a stranger to make those decisions for you. So, if you live anywhere around British Columbia and you are wondering if you are qualified to make one, then this section is for you.
The straightforward answer regarding who can make a representation agreement is that anyone can make such an agreement as long as they are above 19. The law believes that anyone above the age of 19 should be able to understand the nature and consequences of the representation agreement.
Aside from the age factor, another thing that will qualify an individual to have a representation agreement is the person’s mental state. That is, such an individual must be mentally capable of understanding the nature and consequences of the agreement.
Who is a Monitor? And What are Their Roles?
A monitor is someone who oversees the individual who has been granted the authority to make decisions through the representation agreement. The monitor’s role is to ensure that the representative acts in the individual’s best interests and addresses any concerns. The monitor can also revoke the representation agreement if they believe the representative is not acting appropriately.
Conclusion
All in all, having a Representation Agreement in place is an important step for ordering of personal matters and making sure your wishes are respected. It is never too early to ensure proper representation is handled before a medical emergency, end-of-life decision, or incapacity.
Whether you wish to include a Representation Agreement as part of an estate plan or simply stand-alone, the Saanichton Law Group attorneys can help ensure your wishes are properly captured. We have the knowledge and experience to assist clients and their families by providing legal advice on Representation Agreements. Contact us at 2505440727 now to explore how a Representation Agreement can meet your needs, discuss getting started with representation planning or arrange a free consultation.
