In the province of British Columbia, a representation agreement allows for the appointment of a decision-maker to step in when a person has been determined to lack the capacity to decide on medical and personal care. This document allows you to appoint someone to legally enforce your choice to ‘pull the plug’ or accept or refuse any treatment.
A representation agreement is legally binding and can be created by you at any time provided you 19 years of age or older and have the ability to enter into one. It will automatically come into effect when a person is declared incapable of directing their own medical care. This document must be written and signed in the presence of two witnesses, one of whom has known the person making representation for more than five years.
In B.C., a representation agreement is the only way to authorize another person to assist you or to act on your behalf for health care and personal care matters. Some might use a Representation Agreement to cover routine financial affairs and legal matters, while others create one to ensure that a trusted person can ensure their pre-arranged desires with regards to medical treatment are followed in the even that they cannot make the decision themselves.
A representation agreement allows an estate trustee (the individual responsible for managing financial matters) to transfer funds to an attorney under trust, specifically to pay for representation services that are needed but may not be covered by the publicly funded Legal Aid BC programs.
In some cases, terminally ill patients may opt for medical treatment to be ceased in the event that they are incapacitated, such as being in a coma or persistent vegetative state. These individuals many choose this avenue to prevent further pain and discomfort from arising as a result of continued medical efforts to prolong life. By appointing a trusted individual through a relevant representation agreement, they can be assured that their desires regarding medical treatment will be followed.
With over 25 years of serving the Saanichton and Greater Victoria area, we understand the unique challenges and opportunities that residents of this beautiful corner of Vancouver Island encounter every day. You can trust in the expertise and local knowledge of our team as we help you with whatever legal issues you need resolving.
The lawyers at Saanichton Law Group are here to help you create a representation agreement that works for you. We are also able to assist you in all of your corporate law needs, as well as employment agreements, power of attorney, real estate law, mortgages and estate law. Call us at (250) 544-0727 or email us at info@saanichtonlaw.com for more details on how we can assist you.
