If you have fallen ill or need your loved ones to manage your legal and financial affairs, it is important to consider making a Representation Agreement or an Enduring Power of Attorney. In making your decision, you must understand the overlapping functions and differences between these two legal documents. Keep in mind that a Representation Agreement or an Enduring Power of Attorney is different than a will. You can discuss the differences with our Estate Lawyer.
In BC, Representation Agreements are governed by the Representation Agreement Act, RSBC 1996, c. 405 and Enduring Power of Attorneys are governed by the Power of Attorney Act, RSBC 1996, c. 370. Certain amendments have been made to the pursuant Regulations regarding remote signing after the COVID-19 pandemic.
If you are sick and need a loved one to make healthcare decisions for you, then you must enter into a Representation Agreement. The person acting on your behalf is called a representative. You can specify the decisions you would like your representative to make and these can include:
- Healthcare decisions about medical examinations and treatments, medication, and vaccines;
- Personal decisions about your day-to-day life, such as your diet and activities and where you live;
- Routine financial decisions, such as depositing money into your bank account, purchasing daily necessities, or making investments; and
- Legal decisions, such as beginning certain legal proceedings and advising on settlements.
There are certain decisions you cannot assign to a representative, such as authority to decide on Medical Assistance in Dying or commencing divorce proceedings.
Enduring Power of Attorneys cover more major legal and financial decisions, but they do not cover healthcare decisions. The person you appoint in an Enduring Power of Attorney is called your attorney. Your attorney is given the power to make certain decisions for you even if you become mentally incapable. You can decide whether your attorney has the authority to begin acting right away or to only begin acting if you become incapable.
Sometimes, it is advisable to create both an Enduring Power of Attorney and a Representation Agreement. In circumstances where the two documents conflict, such as in financial decision-making, then the Enduring Power of Attorney takes precedence.
Since these two legal documents have serious implications and intersections, it is important to consult with a lawyer in making your decision. Representation Agreements and Enduring Power of Attorneys will help protect you, so please contact our lawyer today to begin the process.
What is a Representation Agreement?
What is an Enduring Power of Attorney?
How do Representation Agreements and Enduring Power of Attorneys differ from a will?
Can I have both a Representation Agreement and an Enduring Power of Attorney?
What takes precedence if there’s a conflict between a Representation Agreement and an Enduring Power of Attorney?
Why is it important to consult a lawyer for these documents?
Have there been any changes to how these documents can be signed?
What decisions can I not delegate to a representative under a Representation Agreement?
How do I start the process of creating these documents?
Pax Law can help you!
Our lawyers and consultants are willing, ready, and able to assist you with any matters regarding family law. Please visit our appointment booking page to make an appointment with one of our lawyers or consultants; alternatively, you can call our offices at +1-604-767-9529.
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