Many people assume that their spouse, adult children, or other family members will automatically be able to make decisions on their behalf if they become incapacitated. Unfortunately, this is not always the case. That’s why it is critical to work with a lawyer to have a representation agreement in place before you become unable to make personal and health care decisions yourself.
Why Working With a Lawyer on a Representation Agreement Matters
Representation agreements involve important decisions about your future care and well-being. While online forms and templates may be available, they cannot provide personalized advice or address the unique circumstances of your family and situation.
Small mistakes, unclear language, or incomplete documents can create confusion at precisely the time your loved ones need clarity. At Alder Law, we understand that discussing future incapacity can feel uncomfortable, but thoughtful planning today can help reduce uncertainty and stress for you and your loved ones in the future.
Working with a lawyer can help:
- Ensure your documents comply with BC law
- Clarify the authority granted to your representative
- Address unique family situations
- Reduce uncertainty and ambiguity
- Help avoid disputes among family members
- Ensure your personal planning documents work together effectively
- Provide peace of mind that important details have been considered
Our role goes beyond document preparation. We help create personalized plans that protect your wishes and support your loved ones.
What Is a Representation Agreement?
A representation agreement is a legal document used in British Columbia that allows you to appoint a trusted individual, known as your representative, to make personal and health care decisions on your behalf if you are unable to make those decisions yourself.
A representation agreement helps ensure:
- Your wishes are known and respected
- A trusted individual can act on your behalf
- Family members have guidance during difficult situations
- Important decisions can be made without unnecessary delays
- Potential conflicts and misunderstandings are reduced
Representation agreements are an important part of a comprehensive personal planning strategy and are often prepared alongside wills and power of attorney.
While a will addresses what happens after your death and a power of attorney addresses financial and legal matters during your lifetime, a representation agreement focuses on your personal and health care decisions. Without appropriate legal documentation in place, loved ones may face uncertainty, delays, or legal obstacles when trying to make important decisions regarding your care.
Difference Between Representation Agreements and Power of Attorney
One of the most common questions people have is how representation agreements differ from powers of attorney. Although these documents often work together, they serve different purposes.
Representation Agreements primarily deal with:
- Health care decisions
- Medical treatment decisions
- Personal care matters
- Living arrangements
- Access to support services
- Health care planning
- End-of-life care decisions
Powers of Attorney generally deal with:
- Financial decisions
- Banking and investments
- Property management
- Bill payments
- Legal and business affairs
Many individuals choose to prepare both documents as part of a complete personal planning strategy. Together, they help ensure that trusted individuals can manage both personal and financial matters if incapacity occurs.
How Representation Agreements Work in British Columbia
Representation agreements are governed by British Columbia legislation and can provide varying levels of authority depending on your needs and circumstances.
The person you appoint as your representative is expected to:
- Act honestly and in good faith
- Follow your known wishes whenever possible
- Act in your best interests
- Consult with you when appropriate
- Support your independence whenever possible
Choosing the right representative is an important decision, as this individual may be called upon to make significant personal and health care decisions during challenging circumstances.
You may wish to choose someone who:
- Understands your values and wishes
- Is trustworthy and responsible
- Can communicate effectively with family members and health care providers
- Is willing to take on the role
- Can make difficult decisions when necessary
In some situations, you may choose more than one representative or appoint alternate representatives.
Contact Alder Law for Representation Agreements in BC
Thinking about future incapacity is not always easy. Many people delay creating representation agreements because they believe they are too young, too healthy, or that family members will automatically be able to step in if needed. Unfortunately, unexpected illness or injury can occur at any stage of life.
At Alder Law, we help clients create thoughtful personal planning documents that provide clarity and protection when they are needed most. Please call 604 936 9600, email [email protected] or fill out the contact form to get started.
Representation Agreements FAQs
What kinds of decisions can my representative make?
Depending on the agreement, your representative may make decisions about health care, personal care, living arrangements, and support services.
Does my representative have access to my medical information?
Yes. Depending on the authority granted in the representation agreement, your representative may be able to communicate with healthcare providers and access information necessary to make informed decisions on your behalf.
Can my representative make decisions that go against my wishes?
No. A representative is expected to follow your known wishes whenever possible. If your wishes are not known, they must act in your best interests and in accordance with their legal duties under British Columbia law.
What happens if my representative is unable or unwilling to act?
If your appointed representative can no longer serve, an alternate representative named in your representation agreement may step in. This is one reason why many people choose to appoint one or more alternate representatives.
Do hospitals and healthcare providers have to follow a representation agreement?
In most circumstances, healthcare providers will recognize a valid representation agreement and work with the appointed representative when decisions need to be made on behalf of an incapable adult.
Can I include instructions about life support or end-of-life care in a representation agreement?
You may be able to include guidance regarding your healthcare preferences and end-of-life wishes. Discussing these preferences with your representative and your lawyer can help ensure your wishes are clearly documented and understood.
What is the difference between a representation agreement and an advance directive?
An advance directive allows you to provide specific instructions about certain healthcare decisions directly to healthcare providers. A representation agreement appoints someone to make decisions on your behalf. In some cases, these documents may work together as part of a comprehensive personal planning strategy.
What happens if I do not have a representation agreement?
Loved ones may face additional challenges or delays when attempting to make decisions on your behalf.
Can a representation agreement help avoid court involvement?
In many cases, yes. Having a properly prepared representation agreement can help reduce the likelihood that loved ones will need to seek court involvement to obtain authority to make personal or healthcare decisions on your behalf.
How often should I review my representation agreement?
Your personal planning documents should be reviewed periodically to ensure they continue to reflect your wishes and circumstances. It is a good idea to review it after major life changes such as marriage, separation, or divorce or significant health changes.
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