Representation Agreement Regulation BC: What You Need to Know
A representation agreement is a legal document that allows a person to appoint someone else to make decisions on their behalf regarding health care, personal care, and/or financial affairs. In British Columbia, the representation agreement is governed by the Representation Agreement Act and the Representation Agreement Regulation. These laws provide guidance on who can make a representation agreement, what it should contain, and how it should be executed.
Who can make a representation agreement?
In BC, any person who is 19 years of age or older and capable of making decisions can make a representation agreement. If a person is not capable of making decisions, a representative can be appointed for them under the Patients Property Act.
What should a representation agreement contain?
A representation agreement should be specific to the individual and include their wishes and instructions. It should also outline the authority granted to the representative and any limits or restrictions on that authority. The BC government has provided a standard form for representation agreements, but individuals can create their own agreement as long as it meets the requirements of the Representation Agreement Act and Regulation.
How should a representation agreement be executed?
A representation agreement must be signed by the person making the agreement (the “adult”) in the presence of two witnesses who are also required to sign the agreement. The witnesses must be 19 years of age or older and not the representative or alternate representative. The representative must also sign and date the agreement, acknowledging their responsibilities.
Representation agreements may also be registered with the BC government’s Personal Planning Registry, which can help ensure that healthcare providers and financial institutions recognize the authority of the representative.
Why is a representation agreement important?
A representation agreement is important because it ensures that a person’s wishes and values are respected and upheld in situations where they cannot make decisions for themselves. It provides a trusted person with the legal authority to make decisions on their behalf, which can be especially crucial in a medical emergency or end-of-life situation.
Representation agreements also align with the BC government’s commitment to promoting self-determination and helping individuals maintain control over their affairs, even when they are unable to do so themselves.
In summary, a representation agreement is a valuable legal tool that allows individuals to appoint trusted representatives to make decisions on their behalf. Understanding the Representation Agreement Act and Regulation can help ensure that the agreement is properly executed and meets legal requirements. By taking the time to create a representation agreement, individuals can have peace of mind knowing that their wishes and values will be respected in the event of incapacity or emergency situations.
