There is no definition of a “representation agreement” under the Representation Agreement Act, with the exception of the more tautological “means an agreement under Section 7 or 9.” Section 2 of the Act provides assistance: any adult aged 19 and over who is able to enter into a representation agreement can do so. Mental capacity is the ability to make sound decisions. A capable person must understand the context or nature of a decision and appreciate the possible consequences of a decision. Under THE BC act, every adult is capable of abilities. This means that, as long as there is no other evidence, a court considers that a person is in a position to make his or her own 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 some decisions, but may be able to make others. For example, someone may have a cognitive deficit that prevents them from making financial decisions, but they may still be able to make health decisions. The extent of your representative`s powers depends on the powers you give them in your representative consent. In planning for a possible future disability, people often opt for two legal documents: a power that gives the person of their choice (his “lawyer”) the power to settle his financial and legal affairs, and a representation agreement that gives the person of his choice (his “representative”) the power to make personal and health decisions on his behalf. If you choose to do so, your elected representative will be allowed in your replacement agreement to deal only with your personal and health affairs – and besides only the personal and health issues that you authorize in your agreement.
A representation agreement is a legal planning document that allows you to choose the person or person who makes decisions that are important to you or assists you in making decisions when you are no longer able to make decisions yourself. The person you choose is called your “representative.” In order for a representation agreement (section 7) to take effect, if applicable, the following certifications should be completed: (b) in accordance with the requirements of section 13 of the Act, as amended by Section 35 of the Adult Protection Act, and the Amendeable Act in 2001, if the agreement had been implemented on or after section 13 (3) An adult who is not required to appoint a monitor under Section 13 law, may choose to designate a monitor as a monitor. a representation agreement, a person who meets the requirements of the subsection (4). 24 (1) If a representative acting within the power of a representation agreement does not know and reasonably did not know that the agreement or provision was not effective or invalid, the representative (1.1) A representation contract may not authorize the remuneration of a representative, an alternate representative or a supervisory measure for an adult decision. , the representative, deputy representative or observer covered by Part 2 of the Consent and Care Facility (Admission) Act, and any provision in a representation agreement purporting to authorize such compensation is null and void in this regard. 15 (1) A representation agreement enters into force on the date of its implementation, unless the agreement provides for the subsequent entry into force of an agreement or provision. An agreement under Section 7 of the Representation Agreement Act may allow a representative to handle the routine management of financial affairs. As noted above, if you do not have a mandate, representation agreement or other legal document that appoints someone who makes your financial decisions for you, if you become mentally incompetent, then your loved ones must go to court to obtain legal authority to deal with your affairs (what is called “committee”).