Special Edition: August Newsletter 2013

August Newsletter 2013

 

Do I have to make a Representation Agreement and Enduring Power of Attorney?
Like making a Will, making a Representation Agreement and Enduring Power of Attorney is voluntary. The Representation Agreement Act and Power of Attorney Act allow you to make legally-binding arrangements in the event you need assistance while you are alive, due to illness, injury or disability. If you choose not to make your own arrangements, other laws or the Court will determine who will be able to make decisions on your behalf if you are incapable.

 

I thought a Living Will covered health care and end-of-life?
Some people use a living will to express their wishes about health care they do or do not want, including end-of-life care. (The health system is now using the term advance care plan instead of living will.) However, a living will and advance care plan are not legal documents under B.C. legislation, therefore your wishes may not be enforceable. A Representation Agreement is a legally enforceable document in B.C. and is for appointing someone who can assist you to make decisions or, if necessary, make decisions on your behalf. You can give a representative legal authority for health care decisions including end-of-life care.

On their own, a living will and advance care plan are subject to interpretation. This means that if there is a disagreement about the meaning behind your wishes, a final resolution requires Court action. For example, in August 2013, the family of Margot Bentley began Court action against the Fraser Health Authority, the Province of British Columbia and Maplewood House in Abbotsford, the care facility where Mrs. Bentley resides, because of a disagreement over Mrs. Bentley’s wishes as expressed in her living will. (Mrs. Bentley did not make a Representation Agreement.)

Making a Representation Agreement is the way to have certainty about your wishes being carried out. You can appoint a spouse, family member or friend, as a representative, to act on your behalf for health and personal care. It gives them the legal clout to carry out your wishes.

If you have a living will or advance care plan, you should give it to your representative to help guide them. The law says a representative must follow your wishes – whether you expressed them verbally and/or in writing. Health care providers do not have authority to carry out your wishes – they must get consent from a legal authority.* See our fact sheet on Health Care Consent.

* In a life and death emergency, if you are incapable and your representative is not available, a health care provider may act on your wish if it is about refusing the specific care they are planning to provide to you.

 

What if my spouse, family member or friend is not capable of making an RA9 or an EPA?

The RA9 and EPA have specific capability requirements. You must be capable of understanding the authorities covered by these documents and the effect of appointing someone to act on your behalf.

Some adults cannot meet these capability requirements due to advanced dementia, effects of a brain injury from a stroke or an accident, developmental disability or other condition. The Representation Agreement Section 7 is specifically designed for adults who are considered not capable of making the RA9 and EPA. An RA7 can cover minor and major health care and personal care as well as routine financial and legal affairs.

 

For more information:

Fact sheets
Representation Agreement Overview

Representation Agreement Section 7 (RA7)

Representation Agreement Section 9 (RA9)

Enduring Power of Attorney

 

Slideshows – John & Mary Example
Planning for Health and Personal Care

Planning for Legal and Financial Affairs

 

Personal Stories
Gwen’s Story – Gwen was to undergo a simple operation to remove a brain tumour when complications arose. Gwen’s representative was able to step in and save Gwen from further irreversible and unnecessary surgery to her brain.

 

Read past and future Ask Joanne posts to learn more about health care consent and how you can stay in charge of your life!