Representation Agreement
Representation Agreement
A Representation Agreement is the key legal document in British Columbia for personal planning/advance care planning. It is a legally enforceable document and used in case of incapacity, for end-of-life, and other support needs.
You must be an adult (19 years or older) to make a Representation Agreement.
A representative has legal authority to help you manage your affairs and carry out your wishes if you need temporary or ongoing assistance — due to illness, injury or disability.
A Representation Agreement is the only way in BC to authorize someone — called your representative — to assist you or to act on your behalf for health care and personal care matters. Some might also make a Representation Agreement to cover routine financial affairs and legal matters.
There are two main types of Representation Agreements – a Representation Agreement with authorities from section 7 (RA7) and a Representation Agreement with authorities from section 9 (RA9). The term ‘section’ refers to a part of the Representation Agreement Act.
An RA7 and an RA9 are different – in terms of authorities AND in terms of capability requirements. The one to make depends on your cognitive capability at the time of making it.
There are two approaches to capability – one that is based on the traditional cognitive definition; the other approach (RA7 approach) views capability more broadly and inclusively to include people who may have cognitive difficulties – perhaps due to a disability from birth, a serious stroke or advanced dementia.
The first step is to determine the APPROACH OR PATH that fits and then the type of Agreement. See details and links below.
Make sure you open Nidus PDF files using the free Adobe Reader (click link to install if it is not on your device).
FACT SHEETS
Click links to read online or download/print as PDF.
RA Overview Fact Sheet – gives an overview of RA7 & RA9
FORMS FOR MAKING A REPRESENTATION AGREEMENT
There are different types of Representation Agreements – depending on the capability requirements. More at RA Forms
NIDUS REGISTRY
The online Nidus Registry is the only registry for Representation Agreements. It is also much more. It provides secure storage and access for important information and documents that might be needed in the future in case of a health crisis or other emergency (like flood or wildfire).
The online Nidus Registry was first established in 2002 and updated in 2014. Log into your account with the Nidus ID (7 numbers) and password. Old accounts might have a Nidus ID with 3 or 4 numbers – email registry@nidus.ca to get your new Nidus ID. Each person should have only one Registry Account.
How-to-Instructions
Click for instructions on How to Register with the Nidus Registry – do you start at Sign Up or Log In?
MORE RESOURCES ON REPRESENTATION AGREEMENTS
Confirmation of Substitution Form
If a representative is temporarily or permanently unable to act or continue to act, then the alternate appointed in the Representation Agreement will need to take the place of the representative. Use this form to indicate the alternate’s authority to act. This form is designed to work with Nidus Representation Agreement Forms.
Making Changes to a Representation Agreement
NEVER make changes on your original. Do you need to change an address or phone number? Do you need to change a person? Find out the requirements and what to do.
Resigning as a Representative or Alternate Named in a Representation Agreement
Resigning as a Monitor Named in a Representation Agreement
Revoking a Representation Agreement
Access to Information and Representation Agreements
Lifespan of a Representation Agreement
Definition of Routine Management of Financial Affairs
Routine management of financial affairs is one of the areas of authority available in a Representation Agreement with Section 7 standard powers. This area of authority is defined in the Regulations that accompany the Representation Agreement Act. Click on the link (title) to read the definition.
Comparison Chart for Financial & Legal Affairs – more detail on what is covered by RA7
Documents made outside BC
What if I made my planning documents in another country or province? Can I use these in BC?
OTHER LANGUAGES
Fact sheet in Chinese on Personal Planning and Representation Agreements. Uses example of a couple – spouse has dementia, other spouse is caregiver. This fact sheet was produced through discussions with Chinese-speaking seniors and leaders in the community.
This information is provided in Spanish. It discusses which legal documents you need in place when planning for your future as well as which legal document you can make if you need help today if your capability is in question due to dementia or other illness.
OTHER REFERENCES
Amendments and Representation Agreements made before September 1, 2011
