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Abuse > Fact Sheet #6
FACT SHEET #6
B.C. COALITION TO ELIMINATE ABUSE OF SENIORS
FACT SHEET #6
REPRESENTATION
AGREEMENT
Most of the Representation
Agreement Act will become law on February
28, 2000.
As of that date, adults will
be able to use representation agreements to authorize someone
they trust to be their representative. Representatives can
be given authority to make decisions about personal care,
health care, and legal and financial affairs, should the adult
become mentally incapable.
The representation agreement
can be customized. For example, an adult can authorize another
person to be an alternate representative to make decisions
when the first representative takes a vacation or is otherwise
unavailable. A monitor can be named to oversee the activities
of the representative. The adult can also set out when the
agreement will take effect and under what circumstances.
Agreements containing comparatively
straight-forward decisions (e.g., authorizing a representative
to look after the adult’s routine financial affairs)
may be completed and signed without the involvement of a lawyer.
Agreements containing specific and more complex decisions
(e.g., authorizing a representative to refuse consent to life
supporting treatment or manage the adult’s business)
will require prior consultation with a lawyer or qualified
paralegal.
Representation agreements will
replace enduring powers of
attorney, although ordinary (or commercial) powers of attorney
can still be made. If a person makes an enduring power of
attorney before Section 8 of the Power of Attorney
Act is repealed (on September 5, 2000),
the document can continue to be used. However, these documents
only authorize a person to manage someone else’s financial
affairs; they do not authorize people to make health or personal
care decisions.
The representation agreement
will provide a type of “living will” or “health
care proxy” that is legally effective in B.C.
The information on this
Fact Sheet is taken from “The Adult Guardianship Legislation
Selective Proclamation Highlights” by the Public Trustee
of B.C. For further information contact: Tel: (604) 775-0847-
Fax: (604) 775-0207.
COMMONLY
ASKED QUESTIONS ABOUT
THE REPRESENTATION AGREEMENT ACT
What happens to pre-existing
living wills, advance health care directives or health care
proxies when the Representation Agreement
Act comes into force?
If that document meets the requirements
of being a representation agreement, then it will be valid
even if it is made before February 28, 2000. If it is not
a representation agreement, such a document will serve as
an expression of your health care treatment wishes. If those
wishes are applicable to health care treatment that you require,
your substitute decision-maker appointed under the Health
Care (Consent) and Care Facility (Admission) Act will be required
to follow your wishes.
What happens to existing
enduring powers of attorney when the Representation
Agreement Act comes into force?
You can continue to use your
enduring power of attorney; it will remain as effective as
it is today. However, representation agreements enable one
to plan for health and personal care decision-making as well
as for financial and legal affairs. No new enduring powers
of attorney can be made after Section 8 of the Power of Attorney
Act is repealed on September 5, 2000. The Representation Agreement
Act does not affect ordinary powers of attorney that people
use for business purposes.
I already wrote a representation
agreement. Can I use it? Is it valid?
If it complies with provisions
in the Act it is valid. The regulations to accompany the new
Act will be finalized in the fall and will prescribe certificates
for representatives, monitors and witnesses. These will need
to be done regardless of when the agreement was executed.
The information on this
Fact Sheet is taken from “Commonly Asked Questions About
Proclamation of the Adult Guardianship Legislation” by
the Public Trustee of B.C. For further information contact:
Tel: (604) 775-0847 - Fax: (604) 775-0207.
FACT SHEET #6
B.C. COALITION TO ELIMINATE ABUSE OF SENIORS
FACT SHEET #6
333 - 6TH STREET - NEW
WESTMINSTER, BC V3L 3A9
Telephone: (604) 521-1235
Fax: (604) 515-0201
FUNDED BY:
THE LEON AND THEA KOERNER FOUNDATION AND THE HAMBER FOUNDATION
Read
other fact sheets in this series:
This
page last updated October 25, 2000.
Copyright (c) 1996 BC
Institute Against Family Violence.
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