What Should I Know About Representation Agreements?
We recently wrote a blog post about Power of Attorney/POA, and will focus on a similar document here - representation agreements.
According this article on Simpson Notaries, “a Representation Agreement gives authority to another person to make decisions regarding health and personal care, whereas a Power of Attorney gives authority to make decisions regarding legal and financial matters.”
The job of a representative is to make decisions for you about your health and personal issues in case you’re not able to.
According to peopleslawschool.ca, one of the main benefits to getting a representative agreement is that “you can avoid the government being involved in your personal and health care decisions.”
In some situations, you may have to appoint a monitor in additional to your representative agreement. This is a person that ensures your representative is acting in your best interest. You won’t need a monitor if your representative is your spouse, a trust company/credit union, or if you have multiple representatives.
Here is a screenshot of the text from the Representation Agreement Act.
Section 7 has to do with ‘standard powers’ and has fewer elements than Section 9. It includes issues relating to day to day life like employment, diet, dress, exercise, living situation, and one’s work/social life.
Section 9 includes everything in section 7 in addition to issues regarding physically restraining or moving when necessary despite objections. Additionally, it involves permissions to bring you to a care facility like an old folk’s home or centre for mental health help.
Sometimes, your representative agreement and power of attorney (POA) can be in conflict with each other. Maybe your representation agreement has considerations to do with managing money. In these cases, the enduring power of attorney would take priority. More information about what that is in our blog post here.
Keep in mind that your representative in a standard representative agreement is not allowed to turn down healthcare necessary to preserve life (take you off life support). In an enhanced representative agreement, they have more liberty to do things like provide you with health care even if you object.
There are lines that an enhanced representation does not cross, however. Unless the agreement you make explicitly states it, your representative can’t interfere with your religious practices or arrange for care/education of your kids or anybody you’re supporting.
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Bijan Law is a general practice law firm in downtown Vancouver. We can help you out whether you're entering a partnership for investment, starting or purchasing/selling a business, want to keep wealth within your family, immigrate to Canada, or resolve a dispute.
Note: these blog posts are written by a communications professional and are not intended to be legal advice. One of our lawyers would be glad to help if you have a specific issue in mind.