Recorded on: November 23, 2021
Length: 60 minutes
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, KC and Zachary Murphy-Rogers and notary public David Watts explain what you need to know about representation agreements and how they fit into planning for your future.
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]
Amy Mortimore, KC 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 Murphy-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 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.
“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.”
From People’s Law School:
Make your advance care plan walks you through thinking about your wishes and values and deciding who will make decisions for you.
The right representation agreement for you helps you figure out which type of representation agreement fits your situation.
Prepare an enhanced representation agreement walks you step-by-step through what’s involved in making an enhanced representation agreement.
Prepare a standard representation agreement covers the steps to make a standard representation agreement.
Prepare an advance directive explains this legal document for setting out your instructions for future health care treatment.
More on representation agreements, including how to change or cancel a representation agreement and other aspects of planning for your future health care.
From the BC government:
Representation Agreement Act, the legislation that governs representation agreements in BC.
My Voice: Expressing My Wishes for Future Health Care Treatment, a guide to advance care planning.
From Nidus Personal Planning Resource Centre and Registry:
Representation agreement resources, including template forms to make a representation agreement.