RA Overview Fact Sheet

A Representation Agreement is a legal document under the Representation Agreement Act of BC (RA Act) and the only legal planning document to use when planning for health and personal care matters.

You must be an adult to make a Representation Agreement. In BC, the age of adulthood is 19.

One of the goals behind Representation Agreements, was to ensure dying with dignity. A Representation Agreement is an essential document for quality-of-life until end-of-life.

It authorizes a person or people to assist an adult with decision making (sometimes called supported decision making) or to act on the adult’s behalf (sometimes called substitute decision making).

There are different types of Representation Agreements that an adult may make—depending on their capability at the time of making it.

A representative’s powers or authorities are listed in two different parts of the RA Act, called sections — section 7 and section 9. The different types of Agreements have become known as RA7 and RA9.

While the legal framework is not quite this straightforward, we will use these terms for now.

The key difference between the RA7 and the RA9 is the capability requirements for each.

• The RA9 is for adults who are considered capable to understand the nature and consequences of the proposed RA9 at the time of making it.
  • This is based on the traditional definition of capability that also applies to Wills, types of powers of attorney, and contracts.
• The RA7 is designed for adults whose mental capability to ‘understand’ is in question.
  • The RA7 has a different definition of capability than the traditional one and is unique to RA7.

This Overview provides information that applies to both the RA7 and RA9. If you click on Information (top blue menu bar) then click Representation Agreement you will find specific fact sheets for the two types and they each explain where to find forms that fit the situations.

“My son needs dental work but his autism affects his capability to give informed consent as required by the law. He made a Representation Agreement section 7, naming me as a representative, and the dentist has a copy on file.”

“My mom was 91 and in hospital and, at the time, was not capable of informed consent. The medical team wanted to do brain surgery. I said ‘NO, she doesn’t want that.’ They said ‘you don’t get to make that decision.’ I said ‘YES I do’ and pulled out the Representation Agreement that my mother made. It names me as the representative.”

“Our friend, Sasha, has advanced dementia. We live in the same apartment building. Sasha’s spouse, Tim, was dying of cancer and very concerned because he and Sasha have no family. We got together as a group and agreed to be part of Tim’s RA9. We also agreed to be named in Tim’s Enduring Power of Attorney because he had a pension in another province and needed help to make arrangements. Tim gave a copy of the RA9 to the hospice/palliative care team so they knew who to call about his health and personal care needs. Tim helped Sasha make an RA7 All. It names their three friends as the representative, alternate, and monitor. It gave Tim peace of mind to know that Sasha would be well cared for after he died.”

Making a Representation Agreement lets you stay in control of who will help you or act on your behalf – if you have an illness, injury, or disability that affects your mental capacity. This applies to ALL adults in BC. Even a spouse is limited in the type of decisions and tasks they can do on behalf of their spouse.

The traditional legal standard of capability (for making a contract and legal documents such as a Will or powers of attorney or RA9) requires that you must ‘understand the nature and effect’ of the specific document at the time you are making it.

This traditional standard dates back hundreds of years. It leaves out many citizens whose capability to meet this traditional standard can be affected by disability, illness, or injury. For example:

• Adults who have a disability from birth (special needs, autism, fetal alcohol spectrum disorder).
• Adults who had an illness or injury during childhood (meningitis, sports or car accident).
• Adults who had an illness or injury in adulthood (severe stroke, advanced dementia, brain cancer, serious car accident or fall).

If an adult cannot meet the traditional legal standard to ‘understand,’ they are vulnerable to adult guardianship (called Committeeship in BC). Under guardianship, adults lose their civil rights and become a non-person.

The Representation Agreement Act (RA Act) is the result of a law reform initiated by citizens and community groups in BC. Some aspects of the RA Act are unique in the world.
The RA Act has been supported by all political parties in BC because:

• it prevents social isolation;
• it is sustainable (unlike public guardianship);
• it provides accountability and safeguards; and
• it is about equality and human rights.

Unfortunately the RA Act was never properly implemented. No government has funded education.

Nidus was set up by community groups to be a resource and provides education to all, thanks to our donors and modest fees-for-services.

Representation Agreements are working, but the lack of education in all sectors (legal, health, financial, government, community) can be frustrating and an extra burden for those supporting a spouse, family member, or friend.

If you encounter problems, please contact your MLA.

One of the purposes of the RA Act is to offer a way for adults to avoid guardianship. This is possible because the RA7 has a different definition of capability, which provides a way for adults to give legal status to personal supporters.

Just because an adult needs help with decision making, does not mean they should lose their rights and become a non-person in order to get help.

While the above statement may seem obvious to those living the experience, it is not always reflected in the policies and practices of service systems and institutions.

You may have learned about Representation Agreements from other sources or in the past.

There were amendments (changes) to the Representation Agreement Act, the Power of Attorney Act, and the Health Care Consent and Care Facility Admission Act as of September 1, 2011. These changes brought certainty and also complexity. It makes education very challenging. We also see more confusion and misinformation.

If you made a valid Representation Agreement before September 1, 2011, it is still valid—you do not have to make a new one just because of the amendments.

Some changes, such as to the duties of a representative, apply regardless of when the document was made. You can find information about duties by selecting Information above (top blue menu bar) > then select Representation Agreement and under more fact sheets scroll down to Role of Representative.

Nidus is committed to providing accurate and up-to-date information about the law and practical aspects of planning. Nidus also produces policy analysis to share experiences, of what is and is not working, with government and professional bodies. Nidus is a resource to professionals, including lawyers, as they also have education needs. However, operating on bits of project funding for many years has put a strain on our ability to build and maintain core programs. Nidus may have to put limits on some of our education services, even as needs increase. See page heading below on ways to help.

The RA Act was passed in 1993 and came into effect in February 2000. It is the result of very hard work and a lot of dedication!

It is more relevant today than ever, especially given the aging population.

To make a Representation Agreement, you must be an adult—19 years of age or older.

Representation Agreements are designed to be used by All adults:

• Most adults are considered capable of understanding and will make an RA9; or
• If an adult’s capability to ‘understand’ is currently in question they may make an RA7.

To locate fact sheets on the RA7 and RA9 and other resources from Nidus, click on Information above (top blue menu bar) and then select Representation Agreement.

There is NO requirement to consult a legal professional to make any type of Representation Agreement. (Before Sept. 1, 2011 only a lawyer could ‘sign-off’ on an RA9 but, due to lack of education, not many lawyers provided this service.)

There is also NO requirement for a medical assessment to determine if an adult may make a Representation Agreement. This goes against the principles of the law reform.

Accessibility was one of the principles behind the legislation. This, combined with the lack of education in any sector, makes Nidus a crucial resource. Nidus provides self-help materials and Representation Agreement forms through its website. Read the Nidus fact sheet that applies to your situation to find the relevant form. Click on Information above (top blue menu bar) and then select Representation Agreement.