The right representation agreement for you

A representation agreement is a legal document. It lets you choose someone to help you make certain decisions — or to make them for you — if you ever can’t make them yourself. The person you choose is called your representative.

Under BC law, there are two kinds of representation agreements:

• standard agreements, often called section 7 agreements

• enhanced agreements, often called section 9 agreements

The two types differ in three ways:

1. how capable you need to be to make the agreement

2. the kinds of decisions your representative can help with

3. how much power you can give your representative

Let's look at each difference.

Under BC law, you’re capable of making an enhanced representation agreement if you understand what it means and what could happen as a result. You must understand:

• the power you're giving someone else to make decisions for you (or to make them with you, if you're able to take part)

• the kinds of decisions you’re asking your representative to make

• what could happen as a result of giving someone this power

For example, your enhanced agreement might let your representative refuse life-supporting treatment. You need to understand that this could happen — and that it could lead to your death.

“We’ve just become new parents. We can’t only think about ourselves now. I decided to prepare an enhanced representation agreement. I chose my partner Max to be my representative. I know it’s a big deal to hand that much power over to him. But I can’t think of a better person to make critical medical decisions if something ever happens to me.”

– Benjamin, Vancouver, BC

“I have a client, Marta, who is in the early stages of Alzheimer’s. She can still make simple choices like what to eat for lunch. But basic arithmetic confuses her. When her doctor explains medical procedures, she can’t understand. Marta is no longer capable of signing an enhanced representation agreement. But in my opinion, she can sign a standard representation agreement. She can choose someone she trusts to help her make decisions.”

– Oli, notary public, Surrey, BC

If you can’t legally make an enhanced agreement, you might still be able to make a standard representation agreement.

The law says an adult can make a standard agreement even if they can’t do any of these things:

• Manage their own health care, personal care, or legal matters.

• Handle everyday money matters.

• Make a contract. A contract is a legal agreement. To make one, you need to understand what you’re agreeing to and how it will affect you. 

The law looks at all the relevant factors. For example, whether the adult:

• shows they want their representative to help them make decisions

• shows their choices and preferences

• shows whether they approve or disapprove of the people around them

• knows that the representative may make choices that affect them

• trusts their representative

The law sorts decisions covered by representation agreements into four categories: 

1. Health care entails anything done for a therapeutic, preventive, palliative, diagnostic or cosmetic purpose. Big and small health care decisions are covered. Minor health care includes routine tests, dental and eye work, and medication. Major health care could include major surgery, chemotherapy, dialysis, complex diagnostic tests, or risky treatments.

2. Personal care includes diet, dress, social activities, exercise, spiritual matters, as well as where you live and work, and who you spend time with.

3. Financial affairs include paying bills, dealing with bank accounts and income, applying for benefits, paying taxes, paying off loans, and applying for insurance.

4. Legal matters include dealing with legal issues, getting legal advice and services, instructing a lawyer, commencing any legal proceedings on the adult’s behalf (except divorce proceedings).

Standard powers

Under a standard representation agreement, you can give someone power to make decisions in all four areas: health care, personal care, financial affairs, and legal matters (but there are restrictions on what they can do within each area). This is called giving your representative standard powers. For example: 

• A representative can help with the routine management of financial affairs. This includes everyday tasks like paying bills and managing bank accounts. The law in BC lists a range of other tasks that are considered routine. But some decisions such as selling or buying a home or taking out a loan are not covered.

• The law excludes certain powers in the personal care and health care categories.

Enhanced powers

Under an enhanced representation agreement, you can give someone enhanced powers to make decisions. This includes everything that’s covered under the standard powers, plus additional authority. But decision-making only extends to two of the four areas: health care and personal care. For example:

• Under health care, your representative can refuse consent to life-supporting treatment, if you're incapable of making the decision yourself. Or they can consent to specific health care treatments, even if you object to the treatment at the time it's needed, as long as you've spelled this out in your agreement. 

• Under personal care, your representative can consent to your being physically restrained, managed or moved (so you can receive care), even if you object at the time it's needed. You need to be incapable of making the decision for yourself, in order for this to apply.

Someone who needs help now

Standard representation agreements are designed for adults who need help now, because they can’t make decisions independently. They may be appropriate for an adult:

• with an intellectual disability

• who suffered from a traumatic brain injury

• experiencing age-related mental decline

• whose cognitive function is otherwise impaired due to illness or accident

Standard representation agreements are often used as a last resort by those who are no longer capable of making an enhanced representation agreement.

“My sister suffered a brain injury when her former partner hit her. Her doctors don’t think she’s capable of giving consent to certain medical treatment. So she made a standard representation agreement, appointing me as her representative. With it, I’m able to help keep her finances on track. I can pursue criminal charges against her former partner. I can advocate for the health care that she needs.”

– Randy, Kamloops, BC

Someone who prefers the standard powers

You can make a standard representation agreement even while you’re capable of making decisions independently.

“I don’t feel comfortable with the idea of someone refusing life-supporting care for me. Nor do I like the idea of being restrained against my will (even if I would have wanted the health care treatment if I was capable). So I signed a standard representation agreement, instead of an enhanced one.”

– Isobel, West Vancouver, BC

“My financial affairs are simple. I receive a pension, and most of my expenses come straight out of my bank account. This includes room and board at a nursing home. I don’t own real estate. I want someone to help me with my financial affairs in the future. But I can do this with a standard representation agreement.”

– Kelly, Parksville, BC

If you are legally capable and your financial affairs are simple, you have other options for planning too. For example, you can choose to set up a pension trusteeship. We explain that option and others in our coverage of financial and legal planning tools.

An enhanced representation agreement is appropriate for most legally capable adults who want to have a say in their future health care and personal care. The agreement can be tailored to meet your specific needs.