When most people think of estate planning, they focus on wills, trusts, and how to pass on their assets. While these tools are important, there is another key legal document that should not be overlooked. In British Columbia, a representation agreement plays a critical role in making sure your personal and healthcare wishes are respected if you ever lose the ability to make decisions for yourself.
A representation agreement is not about what happens after you pass away. It is about protecting your well-being while you are still alive but unable to act on your own behalf. Whether the incapacity is temporary, such as during a medical emergency, or long term, like in cases of dementia or brain injury, having a representation agreement in place gives someone you trust the legal authority to make decisions in your best interest.
Despite its importance, many people in BC do not know what a representation agreement is or why it matters. Without one, families may be forced to go through costly and time-consuming legal steps to make even the simplest health or care decisions. Taking the time to include this document in your estate plan is an act of protection for yourself and peace of mind for your loved ones.
What Is a Representation Agreement?
A representation agreement is a legal document specific to British Columbia. It allows you to appoint one or more people, known as representatives, to make decisions on your behalf if you become incapable of doing so. These decisions can relate to personal care, healthcare, and sometimes legal or financial matters depending on the type of agreement.
There are two main types of representation agreements in BC:
- A Section 7 agreement, which is more limited and designed for individuals who may already have some reduced capacity
- A Section 9 agreement, which allows for broader authority, including making healthcare and personal care decisions such as where you live or what treatments you receive
Unlike a power of attorney, which deals mostly with financial and property matters, a representation agreement focuses on your physical well-being and personal needs. It is especially valuable for medical decisions, long-term care planning, and dealing with hospital staff or healthcare providers.
Why You Might Need One
Incapacity can happen suddenly or gradually. A stroke, car accident, serious illness, or age-related condition can affect your ability to understand information, weigh options, or communicate choices. If you are unable to give informed consent or make decisions, your family members may find themselves in a difficult position.
Without a representation agreement in place, your loved ones may need to apply to the court for committee status under the Patients Property Act. This process is expensive, slow, and invasive. It also gives decision-making power to a court-appointed individual rather than someone you chose for yourself.
By planning ahead and creating a representation agreement, you keep control over who speaks for you and how those decisions are made. It also reduces stress for your family during an already emotional time.
What Decisions Can a Representative Make?
The scope of a representative’s authority depends on the type of agreement and the choices you include in it. In a typical Section 9 agreement, the representative can make decisions about:
- Healthcare treatments, including surgeries or medications
- Living arrangements, such as moving into assisted living or long-term care
- Personal care routines, including bathing, nutrition, and daily support
- Hiring caregivers or accessing social support services
- End-of-life choices and comfort care if clearly authorized
You can include specific instructions, preferences, or values in the agreement so your representative understands your priorities. This may involve stating that you prefer to stay at home as long as possible or outlining how you feel about certain medical treatments.
Who Should You Choose as a Representative?
Choosing the right representative is one of the most important parts of this process. This person will be acting in your name during vulnerable moments, so trust is essential. Ideally, your representative should be:
- Someone who knows you well and understands your values
- Comfortable making medical or personal decisions
- Able to handle emotional situations with calm and clarity
- Willing and available to take on the role when needed
You may appoint more than one person, either to act together or separately. You can also name alternate representatives in case your first choice is unable or unwilling to act when the time comes.
It is important to speak with the person you want to appoint and confirm they are willing to take on the responsibility. The law requires them to act honestly, in good faith, and in your best interest at all times.
How a Representation Agreement Differs from Other Planning Tools
People often confuse representation agreements with other legal tools such as powers of attorney or advance directives. Each of these documents serves a different role.
A power of attorney in BC allows someone to manage your financial and legal matters. It does not give them authority over health or personal care decisions.
An advance directive is a written instruction for specific medical treatments you do or do not want. It does not appoint a person to act for you and may not apply in all situations.
A representation agreement fills in the gap by naming someone who can make real-time decisions when your needs change or when the situation is not clearly addressed in an advance directive. It adds flexibility and a personal voice to your care planning.
When Should You Make a Representation Agreement?
The best time to create a representation agreement is before you need it. Anyone over the age of nineteen can make one, and it is especially wise to consider if you:
- Are planning for retirement or aging in place
- Have a family history of cognitive illness such as Alzheimer’s
- Work in a high-risk profession or live alone
- Have a complex medical condition or upcoming surgery
- Want to reduce the burden on family members in a crisis
Because capacity is a requirement for creating a valid agreement, it is important not to wait too long. Once capacity is lost, it becomes much harder or even impossible to put legal protections in place.
How to Create a Legally Sound Agreement
A representation agreement must meet specific legal requirements in order to be valid in British Columbia. It must be in writing, signed by you and your chosen representative, and witnessed correctly. Depending on the type of agreement, additional formalities may apply.
You can create your agreement on your own, but most people benefit from working with a lawyer. A lawyer can help you choose the right type of agreement, avoid common mistakes, and make sure your wishes are clear and enforceable.
It is also important to store your representation agreement in a safe place and give copies to your representative, your doctor, and any relevant care providers. This helps avoid confusion if the document is needed in an emergency.
Final Thoughts
A representation agreement is one of the most powerful tools for personal care and healthcare planning in British Columbia. It allows you to maintain control over your future, even during times of illness or incapacity. By choosing someone you trust and clearly outlining your wishes, you give yourself the best chance at respectful and compassionate care.If you would like to include a representation agreement in your estate plan, or if you want to learn more about incapacity planning in British Columbia, the team at Taylor Law Group is here to help. We provide clear, practical legal guidance to help you plan for every stage of life.