What Is an Enduring Power of Attorney in BC and How Does It Differ From a Representation Agreement?
This answer covers the law of British Columbia.
An enduring power of attorney lets you name someone, called an attorney, to make decisions about your financial affairs, and it keeps working even if you later become mentally incapable. A representation agreement is a different document: it covers personal care and health care, and a standard one can also cover routine management of financial affairs and legal services.
The key difference is what each one reaches. Personal care and health care decisions are made through representation agreements and advance directives, not an enduring power of attorney. 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. Only adults, meaning people aged 19 or older, can make an enduring power of attorney. The Ministry of Attorney General's standard forms for both are optional.
Whether you need both depends on what you want covered. If you name no one and later become incapable, the BC Supreme Court may appoint a committee to make decisions for you. A lawyer can help you work out which documents suit your situation.
Key takeaways
- An enduring power of attorney names an attorney to make decisions about your financial affairs and keeps working if you become mentally incapable.
- Personal care and health care decisions are made through representation agreements and advance directives, not an enduring power of attorney.
- A standard representation agreement can also cover routine management of financial affairs and legal services.
- If you name no one and later become incapable, the BC Supreme Court may appoint a committee to make decisions for you.