What Is a Representation Agreement in British Columbia and Do You Need One?

When planning for the future, most people think about creating a will, which is a document that explains what should happen after death. But what about decisions that need to be made while you’re still alive but unable to speak for yourself?

That’s where a representation agreement comes in. This legal document is a key part of estate planning in British Columbia, especially for those who want a say in their health care and personal matters if they become incapacitated.

Whether you’re getting older, managing a chronic condition, or simply planning ahead, a representation agreement gives you peace of mind, and gives your loved ones guidance and legal authority when they need it most.

Here’s what you need to know about representation agreements in BC and whether you should have one in place.

What Is a Representation Agreement?

A representation agreement is a legal document that allows you to appoint someone, known as your representative, to make personal and health care decisions on your behalf if you are no longer able to do so.

These decisions may include:

• Consent to medical treatments or procedures
  
• Where you live and who provides your care
  
• End-of-life choices (such as accepting or refusing life support)
  
• Day-to-day support like personal care or meal planning
  

In short, this document speaks for you when you cannot speak for yourself.

What’s the Difference Between a Representation Agreement and a Power of Attorney?

This is a common point of confusion. Here’s the key distinction:

• A power of attorney deals with financial and legal matters, things like managing bank accounts, paying bills, or selling property.
  
• A representation agreement covers health care and personal care decisions, like medical treatment, housing, and lifestyle support.
  

In BC, having both documents ensures that your full range of needs is covered in the event you become incapacitated. Together, they form the foundation of a complete incapacity plan.

Types of Representation Agreements in British Columbia

There are two main types of representation agreements in BC, each offering different levels of authority:

1. Section 7 Representation Agreement (Limited Powers)

This type is often used when the adult has reduced mental capacity but can still understand the concept of support. It allows the representative to make basic health care and personal care decisions, as well as routine financial matters.

It’s often used for individuals with cognitive disabilities, early dementia, or mental health conditions who need some support but not full decision-making control.

2. Section 9 Representation Agreement (Full Powers)

This is the more commonly used version for estate planning. It gives the representative broader powers, including:

• Giving or refusing consent to major medical procedures
  
• Making end-of-life decisions
  
• Deciding where the adult lives
  
• Arranging for personal support services
  

This agreement requires that the person creating it is mentally capable of understanding the nature and consequences of the document.

Who Should You Choose as Your Representative?

Choosing the right representative is one of the most important parts of this process. You’ll want someone who:

• Understands your values and wishes
  
• Is capable of making calm, reasoned decisions under pressure
  
• Can communicate clearly with medical professionals
  
• Is willing to act on your behalf, potentially during difficult times
  

Many people name a spouse, adult child, sibling, or close friend. You can also name more than one representative to act together or have one serve as a backup.

You should talk to your chosen representative ahead of time and make sure they are willing to take on the role.

Why You Might Need a Representation Agreement

You may not think you need this document yet, and hopefully you won’t for many years. But the reality is that health issues and accidents can happen unexpectedly, regardless of your age or health status.

Here are some common reasons people choose to create a representation agreement:

• They want control over future health care decisions
  
• They want to avoid having a public guardian or court-appointed person make choices for them
  
• They are planning for aging, early memory loss, or a medical diagnosis
  
• They want to make life easier for family members during a medical crisis
  
• They are updating their estate plan and want to cover all bases
  

Without a representation agreement, your loved ones may face delays or legal challenges when trying to make decisions on your behalf, especially if medical care is urgent or your wishes are unclear.

Is a Verbal Agreement Enough?

No. In BC, verbal agreements about who should make decisions for you are not legally binding in most health care settings.

Health authorities and care facilities are required to follow provincial laws, not informal promises. A valid representation agreement helps your chosen person step into their role without conflict or delay.

How to Create a Representation Agreement

To be valid in BC, a representation agreement must be:

• In writing
  
• Signed and dated by you and your witnesses
  
• Signed by the representative(s) accepting the role
  

You don’t need a lawyer to draft one, but working with a lawyer ensures:

• The right type of agreement is used
  
• Your wishes are clearly and legally stated
  
• You’ve addressed complex family or health issues
  
• The document complies with current BC law
  

At Taylor Law Group, we help clients create legally sound representation agreements that reflect their unique needs and values. We also explain how these documents work alongside other parts of your estate plan.

Can a Representation Agreement Be Changed?

Yes. As long as you are mentally capable, you can revoke or update your representation agreement at any time. This might happen if your health changes, your chosen representative is no longer able to serve, or your personal preferences evolve.

We recommend reviewing your incapacity planning documents every few years or after any major life change.

Final Thoughts

Planning for future health care decisions is one of the most thoughtful things you can do, for yourself and for your family. A representation agreement gives you a voice, even if you’re unable to speak. It protects your values, reduces stress for your loved ones, and helps avoid legal complications during vulnerable moments.

If you’re thinking about creating or updating your estate plan, Taylor Law Group can help you prepare a representation agreement that fits your life and provides clear instructions for the people who care about you most.