What Is a Representation Agreement in British Columbia?

Many people first hear the term "representation agreement" when a parent is diagnosed with dementia or a hospital asks who speaks for a patient. It is a British Columbia planning document, and it is different from a will, which deals with what happens after death.

This article explains what a representation agreement is, what it can cover, when it starts and what protections surround it. It is general information, not advice on your situation.

This article covers the law of British Columbia.

What a representation agreement does

The Representation Agreement Act gives adults a way to arrange in advance how decisions about them will be made if they become incapable, and to avoid the need for court-appointed decision makers.

The adult is called the "adult" and the person they choose is the "representative." Every adult is presumed capable until the contrary is shown, and the way an adult communicates is not, on its own, grounds for finding them incapable.

What decisions it can cover

There are two main types, set out in different sections of the Act. A section 7 agreement may authorize a representative to help make, or make, decisions about personal care, routine management of financial affairs, major and minor health care (except prescribed kinds), and obtaining legal services and instructing counsel. Divorce proceedings are excluded.

A section 9 agreement covers personal and health care with non-standard powers, such as deciding where the adult lives and with whom, and consenting to health care. It does not cover finances, and an enduring power of attorney, a separate document, deals only with legal and financial affairs.

There are limits. A section 7 representative cannot be authorized to refuse health care necessary to preserve life, or to physically restrain, move or manage the adult over the adult's objection.

When it takes effect and who can be a representative

A representation agreement becomes effective on the date it is executed, unless it names a later date or an event that triggers it. That means you can choose to have it start only when a particular event happens.

• A representative must be 19 or older.
• Someone who is paid to provide personal or health care to the adult, or who works at a facility where the adult lives and receives care, cannot be a representative.
• Exception: the adult's child, parent or spouse may be named even if they are paid to provide that care.

Signing, witnessing and safeguards

The agreement must be in writing and signed by the adult in the presence of 2 witnesses. A witness cannot be a representative, an alternate, or the spouse, child or parent of a person named as either. Only one witness is needed if that witness is a lawyer or a member of the Society of Notaries Public of British Columbia.

If the agreement gives authority over routine financial affairs, it must name a monitor, and without a required monitor that provision is invalid. No monitor is required if the representative is the adult's spouse, the Public Guardian and Trustee, a trust company or a credit union, or if two or more representatives must act unanimously.

A representative must act honestly and in good faith, use reasonable care, stay within their authority, consult the adult to the extent reasonable and keep the adult's accounts and records separate. A monitor must make reasonable efforts to check this and must tell the Public Guardian and Trustee if concerns remain.

Changing it, ending it and raising concerns

An adult who is capable may change or revoke the agreement at any time, following the required procedure and giving written notice. The agreement ends on the adult's death, on cancellation by the court, or on the representative's incapacity, resignation or death, among other events.

Any person may object to the Public Guardian and Trustee if there is reason to believe a representative is failing in their duties, the adult lacked capability, or there was undue pressure or abuse.

What to do next

• Find out whether your family member already signed a representation agreement, and locate the original.
• Check who is named, whether a monitor is named and whether the agreement has a later start date or trigger.
• Ask the hospital or care home to note the representative's contact details.
• If something looks wrong, speak with a lawyer or contact the Public Guardian and Trustee.

Frequently asked questions