What Is the Difference Between a Representation Agreement and a Power of Attorney in BC?

This answer covers the law of British Columbia.

In British Columbia, an enduring power of attorney names an attorney to make decisions about your financial affairs, while personal care and health care decisions are made through representation agreements and advance directives. The attorney can be given general powers or only specific ones.

A representation agreement covers personal care and health care. A standard agreement under section 7 can also cover routine management of financial affairs and legal services, but that representative cannot refuse health care needed to preserve life. A section 9 agreement can authorize the representative to do anything they consider necessary for personal care or health care, including consenting to or refusing health care. An advance directive is a capable adult's written instruction giving or refusing consent to health care, and it is separate from an enduring power of attorney.

The capacity tests differ too: a section 9 agreement uses understanding of its nature and consequences, while a section 7 agreement uses a lower test. The Ministry of Attorney General's standard forms for both documents are optional. A lawyer can help you see which documents suit your situation.