A Representation Agreement allows you to appoint someone you trust as your ‘representative’ to make personal and health care decisions on your behalf if you become incapable of making those decisions yourself. Under the Representation Agreement Act, this agreement can cover decisions about medical treatments, living arrangements, and personal care.

Unlike a Power of Attorney—which covers financial and legal matters—a Representation Agreement is specifically designed to cover non-financial decisions, including health care, personal care, and end-of-life choices.

Types of Representation Agreements in BC

1. Section 7 Representation Agreement (Standard Powers)

This type of agreement is available to adults who may have reduced capacity. It allows a representative to make decisions about:

• Health care
• Personal care
• Minor and routine financial matters
• Obtaining legal services and instructing counsel

2. Section 9 Representation Agreement (Enhanced Powers)

This is the more comprehensive and widely used version for capable adults. It allows the representative to:

• Make decisions about major and minor health care
• Give or refuse consent to life-support and life-sustaining treatment
• Make personal care decisions, including living arrangements and diet

When is a Representation Agreement Used?

• When planning for possible incapacity due to age or illness
• Following a diagnosis of a degenerative disease (e.g., Alzheimer’s or dementia)
• During hospital admissions, surgeries, or long-term care placement
• When no family members have legal authority to make health care decisions
• To avoid public guardianship or court-appointed decision makers

Advantages of a Representation Agreement

• Autonomy and Control: You decide who will speak and act for you, ensuring that your values and wishes are respected.
• Prevents Family Disputes: Clarifies your intentions and reduces the likelihood of conflicts among loved ones.
• Avoids Government Intervention: Without a Representation Agreement, decisions may be made by a health authority or court-appointed guardian.
• Complements Estate Planning: Works in tandem with Powers of Attorney and Wills to form a complete personal and legal plan.

At Pax Law Corporation, we assist clients in preparing clear, enforceable Representation Agreements that reflect their wishes and comply with British Columbia law. Whether you are planning ahead or navigating a recent diagnosis, we can guide you through the legal and practical aspects of incapacity planning with professionalism and care. This is an essential component of a comprehensive incapacity plan.