You may modify or terminate (revoke) your representation contract at any time if you are able to do so. You should review your representation agreement at least once a year to ensure that it always meets your wishes and that it makes any decisions that may need to be made on your behalf, and that the appointed representatives continue to be willing and able to act as your representative if necessary. For a representation agreement (Section 7) to be effective, the following certificates may need to be completed: There are disadvantages to not having a representation agreement and simply relying on this ”standard list” of people who make health decisions for you when you become incapacitated. You have no control over who ends up making health care decisions for you because the ”default list” needs to be followed in the right order and you may not have the person you want to make decisions for you. In addition, there are certain limits to the types of health care that substitute decision-makers are allowed to accept on your behalf, and their power is temporary. In addition, the ”standard list” only applies to health care decisions – it does not extend to financial or personal decisions. If you wish, you can name a monitor in your representation agreement. When you do this, your controller must monitor the activities of your representatives and ensure that they comply with the terms of your representation agreement. Please note that the forms and the information accompanying them do not constitute legal advice. For more information, consult the law or seek legal advice. Section 7 of the Act allows you to enter into a basic representation agreement that covers your daily daily needs.

In an Article 7 agreement, you may authorize your agent(s) to assist you in making decisions or decisions on your behalf on some or all of the following: Unless otherwise specified in your agreement, your agent contract will come into effect as soon as it is signed and certified. However, it doesn`t need to be used immediately if you don`t need help yet. You may want a trusted third party to keep the document with instructions that they should only share it with your representative when necessary. Either way, because you won`t have a say, the selected person may not be there if you want to manage your affairs. Permanent powers of attorney (covering financial and legal matters) and agent contracts (which can cover financial, personal, and/or health-related matters) are relatively simple planning tools that can ensure that the people of your choice are able to easily follow in your footsteps and manage your affairs if you are unable to do so. without having to go through legal proceedings. Any adult 19 years of age or older who is able to enter into a representation agreement may do so. Mental capacity is the ability to make reasoned decisions.

A person who is able to do so must understand the context or nature of a decision and assess the possible consequences of a decision. According to the Bc Act, it is assumed that every adult has skills. This means that until proven otherwise, a court assumes that a person is able to make their own legal medical and financial decisions. It is important to note that capacity is a legal term and applies to the particular decision that needs to be made. Some people with reduced capacity may not be able to make certain decisions, but others may be able to make. For example, a person may have a cognitive deficit that prevents them from making financial decisions, but they may still be able to make decisions about health care. The extent of your representative`s powers depends on the powers you grant them in your agent contract. When planning for possible future disabilities, people often choose to create two legal documents: a power of attorney that gives the person of their choice (their ”lawyer”) the power to manage their financial and legal affairs, and a representation agreement that gives the person of their choice (their ”representative”) the power to make personal and health decisions on their behalf. If you choose to do so, your elected representative will be allowed in your agency contract to deal only with your personal and health-related matters – and moreover, only those personal and health matters that you approve in your agreement. Nidus does not receive funding for basic activities such as providing free education and forms. You can help Nidus and yourself by registering the completed contract (information with forms) and a donation (tax receipt provided).

The forms provided by Nidus comply with the requirements of the law and practical needs. Follow the INSTRUCTIONS to create a valid document. If you do not want your representation agreement to take effect immediately, you must specify in your agreement the ”triggering event” that will lead to the entry into force of the agreement and how and by whom the event is to be confirmed. For example, you could expect your agreement to take effect when your GP thinks – or if some trusted friends agree together – that you are no longer able to make decisions. Your representative must also keep careful records of the activities carried out on your behalf and share the records with you, your supervisor and/or the public guardian and the syndic upon request. If your representative in your representation agreement has the authority to manage your financial affairs, they will normally have to keep your assets separate from their own. As mentioned above, if you don`t have a power of attorney, representation agreement, or other legal document that hires someone to make your financial decisions for you, if you become mentally incapable, your loved ones must go to court to get legal authority to settle your affairs (this is called a ”committee”). Going to court can be prohibitive for your loved ones.

If you do not have parents who are able to go to court to get a ”committee,” the public guardian and trustee will intervene to make an appropriate replacement decision and obtain a court order for that person to be appointed as a ”committee.” In British Columbia, if an adult is unable to give or refuse consent to health care, there is a standard list of ”substitute decision-makers” under British Columbia laws who can consent to medical treatment and make health decisions on behalf of the incompetent adult if the adult has not appointed a representative to make health care decisions in an agreement. Representative. and no committee has been appointed. A representation agreement is a legal planning document that allows you to select the person(s) who will make important decisions for you or help you make decisions when you are no longer able to make decisions on your own. The person you choose in this way will be called your ”representative”. The Representation Agreements Resource Centre has an online registry called the nidus registry where you can register your permanent power of attorney or representation agreement if you wish. The fee is $25.00 for installation and initial registration and $10.00 for each subsequent registration. You can register by visiting www.nidus.ca on the Internet or by asking for help from your family or friends. You can also call the Nidus Registry and Resource Centre for help registering. Your phone number is 604-408-7414. The standard forms published by the Attorney General`s Office are designed to help individuals plan for possible future disabilities.

The use of these forms is optional. A person who wishes to enter into a representation contract or a continuing power of attorney does not have to use these standard forms, but must still ensure that their document complies with the requirements of the law. As described above, it is assumed that you are able to make the decision to enter into a representation agreement, unless proven otherwise. This means that you must be able to understand and appreciate the context of the agreement and the consequences that may result from it. The law gives you the benefit of the doubt when it comes to deciding whether you are legally able to enter into a representation agreement. By law, you are deemed to be able to enter into a representation agreement – and that you are able to manage your own affairs – until proven otherwise. As mentioned above, in a representation agreement, you can give your representatives the authority to deal with personal and health matters, as well as your day-to-day legal and financial matters. Under applicable British Columbia law, agency contracts may also cover important financial matters such as the purchase or sale of real estate. You can specify in your representation agreement what your representative must consider when making decisions on your behalf and when and under what circumstances the agreement is to come into effect. Representation agreements and permanent powers of attorney are two types of legal documents that allow individuals to plan for the possibility of future disabilities. If, under the laws of British Columbia, you want to ensure that the person(s) of your choice are able to make decisions about your personal and health care if you become mentally incapable at any time in the future, you must enter into a representation agreement. .