Representation Agreements: A New Monitor

Joanne,

I completed and registered my Representation Agreement in 2008. However, since then, the monitor appointed in my Agreement has died. Do I need to create a new Agreement? Both of the existing representatives are remaining the same. Please recommend how to proceed.

We recommend making a new Representation Agreement.

The first step is to revoke (cancel) the existing Agreement. ONLY the adult may revoke their Representation Agreement.

Click for information and sample form for the adult to revoke (cancel) the existing Agreement. Then the adult can make a new Agreement, naming a new monitor.

 The Representation Agreement Act does not allow for naming an alternate monitor. If a monitor dies, resigns or is otherwise unable or unwilling to act, the adult must make a new Agreement.

 The law says that if an adult is not capable of making a new Agreement, the Public Guardian and Trustee (PGT) may appoint another monitor. If the PGT refuses to appoint a monitor or the representative does not agree with the PGT appointment, a representative may apply to the court. The court may appoint someone as a monitor or may also decide a monitor is not required.

~ Joanne