Most people know that a will is an important part of an estate plan, but far fewer have heard of a representation agreement. In British Columbia, this document is one of the most valuable tools for protecting your personal care and health care wishes if you lose the ability to make decisions for yourself. While it’s not always as widely discussed as wills or powers of attorney, a representation agreement can make all the difference when it comes to ensuring your well-being and reducing stress for your family.
This article explores what representation agreements are, why they matter, how they work under BC law, and the steps you can take to create one that reflects your values and priorities.
What Is a Representation Agreement?
A representation agreement is a legal document in which you appoint one or more people to make decisions on your behalf if you become incapable of making them yourself. In BC, this authority can cover health care, personal care, and sometimes routine financial matters. The person or people you choose are called representatives.
Representation agreements are unique to British Columbia. Other provinces have similar documents, but BC’s approach is more flexible, allowing individuals to tailor the scope of their representative’s powers to meet their specific needs.
Why Representation Agreements Matter
Losing the ability to make decisions can happen suddenly, such as after an accident, or gradually, as with dementia or other medical conditions. Without a representation agreement in place, your loved ones may need to go to court to obtain the authority to act for you. This process is stressful, time-consuming, and expensive.
By planning ahead, you decide who will speak for you and how your care will be handled. This ensures that your wishes are respected, even if you can’t express them yourself. It also relieves your family from having to guess what you would have wanted, which can prevent disagreements or guilt.
Types of Representation Agreements in BC
There are two main types of representation agreements in British Columbia: Section 7 and Section 9. Each type offers different levels of authority, and which one is right for you depends on your situation.
Section 7 Representation Agreement
This type is designed for individuals who may already have reduced capacity but can still express simple wishes and preferences. A Section 7 agreement allows your representative to make decisions about routine financial matters, legal matters related to day-to-day needs, health care, and personal care.
Because it’s intended for people who may not fully understand complex legal concepts, the threshold for capacity to create a Section 7 agreement is lower than for other documents. This makes it an important option for adults with developmental disabilities or those experiencing cognitive decline.
Section 9 Representation Agreement
A Section 9 agreement provides broader authority, especially in relation to health care and personal care. It allows your representative to make significant decisions, such as consenting to or refusing major medical treatments, choosing where you live, and arranging for long-term care.
To create a Section 9 agreement, you must have the capacity to understand the nature and consequences of the document. This type of agreement is often used by adults who are healthy now but want to plan ahead in case they lose capacity in the future.
What Decisions Can a Representative Make?
The scope of authority in a representation agreement can be broad or narrow depending on how you draft it. Some of the decisions a representative may be empowered to make include:
- Consenting to or refusing medical treatment
- Deciding whether you’ll receive life-sustaining interventions
- Choosing where you’ll live, such as remaining at home or moving into assisted living
- Arranging for daily personal care such as bathing, nutrition, and mobility assistance
- Hiring caregivers or coordinating community support services
- Accessing government benefits or routine financial accounts if authorized
- Handling end-of-life decisions based on your expressed wishes
The flexibility of representation agreements means you can tailor them to suit your preferences. For example, you might want to give broad authority over health care but limit financial powers.
Choosing the Right Representative
One of the most important decisions you’ll make is choosing who will act as your representative. This person should be someone you trust completely, since they’ll be making decisions about your health and personal well-being.
Qualities to look for in a representative include:
- Trustworthiness and reliability
- An ability to stay calm in stressful situations
- Good communication skills for dealing with doctors and caregivers
- A clear understanding of your values and wishes
- Willingness to take on the role
It’s also a good idea to name an alternate representative in case your first choice is unavailable or unwilling to act when needed.
How Representation Agreements Differ from Powers of Attorney
People often confuse representation agreements with powers of attorney. While both are important, they serve different purposes.
A power of attorney allows someone to manage your financial and legal affairs. It does not cover health or personal care decisions.
A representation agreement, on the other hand, deals primarily with your health care and personal well-being. It fills the gap that a power of attorney leaves. Together, the two documents provide full protection for both your financial life and your personal care if you lose capacity.
Common Mistakes People Make
While representation agreements are powerful tools, they must be prepared carefully. Common mistakes include:
- Choosing someone who isn’t suited for the responsibility
- Failing to discuss wishes with the chosen representative
- Not providing clear guidance about end-of-life care
- Forgetting to update the agreement after major life changes
- Assuming family members automatically have authority without legal documents
Avoiding these mistakes ensures your representation agreement works as intended when it’s needed most.
How to Create a Representation Agreement in BC
Creating a representation agreement involves several steps:
- Decide what type of agreement you need. If you’re planning ahead while you’re healthy, a Section 9 agreement may be appropriate. If capacity is already limited, a Section 7 agreement may be better.
- Choose your representative and alternate. Make sure they’re willing to take on the role.
- Discuss your wishes. Talk openly about your values, preferences, and expectations.
- Draft the document. While you can use standard forms, working with a lawyer helps ensure the document meets all legal requirements and covers your unique situation.
- Sign and witness the agreement. Specific witnessing rules apply, and following them correctly is essential for validity.
- Distribute copies. Give the agreement to your representative, your doctor, and any other relevant care providers. Keep one copy in a safe but accessible place.
The Role of Lawyers in Representation Agreements
Although you can create a representation agreement without legal help, having a lawyer involved provides important benefits. A lawyer ensures that the agreement is valid, that it reflects your true wishes, and that it won’t be easily challenged. They can also help you understand the implications of different clauses and tailor the document to your situation.
Lawyers also stay informed about changes in legislation. Since estate and incapacity laws evolve, professional guidance helps keep your documents up to date and effective.
Why Young Adults Should Consider Representation Agreements
Representation agreements aren’t just for older adults. Young and healthy individuals can benefit as well. A serious accident, unexpected illness, or mental health crisis could leave anyone unable to make decisions. Having a plan in place ensures that someone you trust is ready to step in.
For couples and parents of young children, representation agreements provide peace of mind that care decisions will be made quickly and without unnecessary legal hurdles.
Reviewing and Updating Your Agreement
Just like a will, a representation agreement isn’t something you should create once and forget about. Reviewing the document every few years or after major life changes helps keep it relevant. If you’ve had changes in your health, relationships, or personal wishes, an update may be necessary.
Final Thoughts
A representation agreement is one of the most powerful ways to protect your health care and personal well-being in British Columbia. By planning ahead, you choose who will speak for you, set out your wishes, and reduce the burden on your loved ones. Whether you’re young and healthy or preparing for the later stages of life, this document provides security and clarity when it’s needed most.If you’re ready to create a representation agreement or would like to review your estate plan, the team at Taylor Law Group is here to help. Our lawyers provide clear guidance to help families across BC prepare for the future with confidence and peace of mind.ment.
