Representation Agreements

  • Recorded on: November 23, 2021
  • Length: 60 minutes

Summary

What is a representation agreement? How do you know if you need one? What’s the difference between a representation agreement and a power of attorney? Lawyers Amy Mortimore and Zachary Rogers and notary public David Watts explain what you need to know about representation agreements and how they fit into planning for your future. 

Highlights

In this webinar, you will learn:

  • What a representation agreement is and why you might need one. [3:15]

  • The difference between a standard representation agreement (also called a section 7 agreement) and an enhanced representation agreement (also called a section 9 agreement). [4:40]

  • Whether you need a representation agreement if you’re married. [7:50]

  • Examples of things that you can do with a representation agreement. [9:50]

  • Whether you can request medical assistance in dying in a representation agreement. [12:05]

  • Whether you need a representation agreement if you already have a power of attorney. [14:15]

  • The difference between a representation agreement and a committeeship. [16:25]

  • Whether you need a representation agreement if you already have a living will or advance directive. [20:20]

  • The difference between a temporary substitution decision-maker and a representative authorized in a representation agreement. [23:45]

  • Whether a person with dementia can make a representation agreement. [25:55]

  • Whether a representation agreement made in British Columbia will work in Ontario. [27:30]

  • Whether you need to make a representation agreement in British Columbia if you already have a power of attorney for health made in Ontario. [29:25]

  • Whether you need a lawyer or a notary public to prepare a representation agreement or if you can make your own. [32:15]

  • How much it costs to have a lawyer or notary make your representation agreement. [34:55]

  • What first step you can take if you think you need a representation agreement. [39:00]

  • How an advance directive, power of attorney and enhanced representation agreement work together. [41:20]

  • The options in naming a representative for someone who has no trusted family or friends locally. [42:30]

  • What happens if you don’t have a representation agreement and medical decisions need to be made on your behalf. [46:45]

  • Whether you would ever want to make a standard representation agreement instead of an enhanced representation agreement, when you have full capacity. [47:50]

  • Whether a representative named in a representation agreement can make a decision overriding an advance directive. [51:00]

  • Whether you can write your own representation agreement and then have it notarized. [53:45]

  • Whether you can make a request in a representation agreement to end your life when you become terminally ill. [54:40]

Featuring

Amy Mortimore

Amy Mortimore is a lawyer at Clark Wilson LLP in Vancouver. She is the co-chair of her firm’s estate and trust practice group. Her practice includes all types of estate and trust litigation, including wills variation claims, incapacity and undue influence claims, applications to approve a document as a will even where it was not properly witnessed, and applications for rectification. Amy is very committed to legal education and regularly presents to lawyers and other professionals on estate and trust topics.

Zachary Rogers

Zachary Rogers is a lawyer at Clark Wilson LLP in Vancouver. He maintains both a litigation practice and a solicitor’s practice, exclusively in the areas of wills, trusts & estates, and elder law. Zachary recognizes that his clients want practical, cost-effective advice and solutions tailored to their unique needs, and he is committed to finding creative and appropriate solutions to resolve legal disputes.

David Watts

David Watts is a notary public in Vancouver. In his notary practice, he helps clients prepare wills and personal planning documents, buy and sell real estate, and notarize documents. He has been a director of the Society of Notaries Public of BC since 2011. He is a past director of People’s Law School and continues to be a speaker on wills and other topics.

Attendee feedback

“Thank you, I really appreciate this webinar, it was very informative.”

“Great panelists — very insightful information.”

“Thank you to each of the presenters and moderator for clearly stating questions, having thought about the questions ahead of time, and clearly providing answers so they were easy to understand. And you fit in a lot of material! Hugely appreciated!"

“Very informative. Panelists were highly knowledgeable, engaged and enthusiastic about the topic and could explain in layperson's terms. Information is new to me and is very helpful in understanding and preparing myself for will, representation agreement, and power of attorney discussions with my lawyer.” 

“Thank you to all the presenters. Our need for a representation agreement was made pretty clear.” 

Additional resources 

From People’s Law School: 

From the BC government:

From Nidus Personal Planning Resource Centre and Registry: 

Other webinars on wills and planning for your future

We have other webinar recordings on putting your affairs in order:

As well, other webinar recordings cover Settling an Estate and Contesting a Will.

Also on this topic

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MOST (medical orders for scope of treatment) forms

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Prepare a standard representation agreement

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Why prepare a standard representation agreement

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Change or end an enhanced representation agreement

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Start your planning here

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Prepare an enhanced representation agreement

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The right representation agreement for you

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Prepare an advance directive

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List potential temporary substitute decision-makers

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Make your advance care plan

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