Helping Relative with Disability

Helping Someone with a Disability from Birth or Childhood

ARE YOU IN THE RIGHT SECTION?

This section is for British Columbians who are:

  • An adult (19 years or older), and
  • Needing assistance with decision making in one or more areas due to a disability at birth or during childhood. For example, a developmental disability (special needs), acquired brain injury, FASD or other condition that has affected their mental capability – in the short term or ongoing.
Mother and adult son

BRUCE, TIM, JAS NEED HELP – EXAMPLES

Bruce is in his 50s. He has a developmental disability from birth. He does not communicate in a traditional way. In the past, Bruce’s parents were able to help him informally. But now that both parents have died, his siblings are getting involved. The RA7 makes clear who has legal authority to help Bruce. This is easier for Bruce, the service system, and the family.

Tim is turning 19. He has autism. Tim’s parents have been supporting him to be independent but he needs help to make decisions about managing his money and things like living arrangements. Parental rights end at age 19. Tim’s parents want to continue to encourage his self-determination and also provide support when needed. The RA7 gives this flexibility.

Jasmine (Jas) had a serious ski accident when she was 16 years old. She is now 23. Jas had some problems due to a permanent brain injury that affects her ability to understand. She becomes confused and overwhelmed when dealing with government agencies and health issues. Her sister and friends, who know her and want to make things easier, do not have any legal authority to help. Jas, her sister, and friends read information about the RA7 and discuss the roles of a representative, alternate and the monitor. They also talked about how Jas can cancel the RA7 if it is not working for her. The monitor role is very helpful as it gives Jas someone to talk to if she has concerns and the monitor can assist Jas to address her concerns or revoke (cancel) the Agreement.

WHAT LEGAL DOCUMENTS ARE AVAILABLE TO HELP BRUCE, TIM & JAS?

Are you helping an adult with a disability from birth or childhood?
This section is for adults (19 years and older) who have a disability from birth or childhood and whose mental capability to understand is in question.

This may include people such as in the examples above. It may also include someone who was diagnosed with a debilitating mental illness before they turned 19.

BC is VERY fortunate to have a legal document – called the Representation Agreement section 7 (RA7) that has a different (inclusive) definition of capability than for other legal documents.

An RA7 is a legal alternative to adult guardianship (also called Committeeship in BC). Other provinces and countries do not have this legal alternative.

Scroll down for the RA7 form.


What if this section does not apply?

Are you helping an adult whose mental capability to understand was affected AFTER they became an adult – perhaps due to advanced dementia, serious stroke or other condition – and they do not have legal documents in place authorizing someone to help? For their section about the RA7, click here.

Are you a caregiver or supporter who meets the traditional definition of capability – that is, you understand the nature and effect of making your legal documents? For information and forms that apply to you, click here.

ADULTS WHOSE MENTAL CAPABILITY TO UNDERSTAND IS IN QUESTION

Legislation – Representation Agreement Act (RA Act) of BC. See section 7.

There are 4 authorities or standard powers under section 7 to cover aspects of ALL 4 life areas.

Information
RA7 Fact Sheet

Definition for routine management of financial affairs  (one of authorities under section 7 standard powers)

See Information (top blue menu bar) > Representation Agreements – for more resources on Representation Agreements – Making Changes, Notice of Revocation, and more.

RA7ALL FORM

Nidus provides the Basic RA7All form for free – for adults whose mental capability to ‘understand’ is in question and who need to cover ALL 4 life areas. The RA7All form is for personal use only.

Click for Basic RA7All Form  Ver. 2023 0616. Includes information on roles and instructions to complete valid legal document – for example order of signing matters! Only adult and two witnesses have to be together (in-person) at the same time.

Terms & Conditions for Basic RA7All

  • You, and anyone you give the Basic RA7ALL form to, must request written permission from the Nidus Resource Centre (info@nidus.ca) to alter the Basic RA7ALL form or to use wording from it. The form is for personal use and only for the adult listed at #2 on the RA7ALL form.
  • When completing the Basic RA7ALL form, you accept responsibility for making sure the RA7ALL applies for the adult listed at #2 on the RA7ALL form.
  • When completing the Basic RA7ALL form you are responsible to follow instructions provided on the Basic RA7ALL form and in the Basic Kit for how to complete the RA7ALL & required Certificates. You are also responsible for entering correct and complete information in the fields as labelled on the RA7ALL form and accompanying Certificates.
  • The Nidus Resource Centre provides required Certificates in the Kit with the Basic RA7ALL form. The Certificates are from the Representation Agreement Act Regulation and are provided for accessibility purposes.

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RA7H+P FORM

The RA7H+P form is for adults, whose financial affairs are being managed by another authority. The RA7H+P has authorities only for health care and personal care under section 7 standard powers. It is free for personal use.

For EXAMPLE, let’s say Bruce’s finances were taken over by the Public Guardian and Trustee (PGT) as statutory property guardian. Or perhaps, years ago Bruce’s parents applied to the Supreme Court of BC for adult guardianship (Committeeship) of Bruce’s finances. Even if the parents die, Bruce’s finances remain under guardianship. However, even if Bruce’s finances are managed by the PGT or someone else, Bruce could make a Representation Agreement for health & personal care (RA7H+P) so his representative(s) can help advocate for his money to be spent on his care needs.

 

Click for Basic RA7H+P Form Ver. 2023 0616. Includes information on roles and instructions to complete valid legal document – for example order of signing matters! Only adult and two witnesses have to be together (in-person) at the same time.

Terms & Conditions for Basic RA7H+P

  • You, and anyone you give the Basic RA7H+P form to, must request written permission from the Nidus Resource Centre (info@nidus.ca) to alter the Basic RA7H+P form or to use wording from it. The form is for personal use and only for the adult listed at #2 on the RA7H+P form.
  • When completing the Basic RA7H+P form, you accept responsibility for making sure the the RA7H+P applies for the adult listed at #2 on RA7H+P form.
  • When completing the Basic RA7H+P form you are responsible to follow instructions provided on the Basic RA7H+P form and in the Basic Kit for completing the RA7H+P form and required Certificates. You are also responsible for entering correct and complete information in the fields as labelled on the RA7H+P form and on the accompanying Certificates.
  • The Nidus Resource Centre provides required Certificates in the Kit with the Basic RA7H+P form. The Certificates are from the Representation Agreement Act Regulation and are provided for accessibility purposes.

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