RA Forms

Representation Agreement Forms – BC

The Nidus Resource Centre provides free Representation Agreement forms for personal use.  The place to start is with the mental capability requirements.

A Representation Agreement is a legal document.

 

LEGAL REQUIREMENTS – Age and mental capability:

Age – must be 19 years. The age of adulthood in BC is 19 years or older. (In Ontario and some other provinces it is 18.) In BC, parental rights end when a child turns 19.

 

But what if an adult has cognitive difficulties and needs help with decisions and managing their affairs? See the RA7 definition of capability.

 

Mental Capability – Two definitions or paths in BC:

  • Traditional definition – an adult must cognitively understand the nature and effect of the document at the time of making it. (This definition applies to making a contract, making types of power of attorney, making a Will, making an RA9, getting married.)
 
  • New RA7 definition – an adult may make Representation Agreement with some or all four authorities from section 7 (RA7) – even if the adult’s capability to ‘understand’ is in question. (An RA7 can cover four authorities: minor and major health care, personal care matters, legal matters and routine management of financial affairs. The four authorities or powers under section 7 correspond to the four life areas: health, personal, legal and financial.)

The Representation Agreement forms provided by the Nidus Resource Centre meet the requirements of the law and practical needs. The legal form is provided in a Kit that includes information & tips.

 

A medical assessment or legal professional is NOT required for making any type of Representation Agreement.

 

 

 

1) RA7 Definition – for adults whose capability to ‘understand’ is in question.

 

— this is for adults with cognitive difficulties, maybe because of a disability at birth or in childhood or advanced dementia, brain injury from a stroke or fall, or other condition.

 

An RA7 may be made by adults with FASD, with autism, other disabilities – sometimes referred to as ‘special needs.’ These adults often make RA7 when turning 19 (sometimes called transitioning) or at older age.

Who else makes the RA7? Adults with advanced dementia, adults who have suffered a massive stroke, adults with a brain injury from an accident or bad fall, and other conditions where the adult’s cognitive abilities may be affected.

An RA7 has become increasingly important for seniors in long-term care facilities. We have an aging population and seniors did not always know what documents to put in place in case they became mentally incapable. 

 

Need to cover all 4 life areas? Click for free Basic RA7All.

Or order Custom RA7All

 

Is a legal authority already in place for the adult’s finances? For example:

  • Is the Public Guardian and Trustee managing the adult’s financial and legal affairs?
  • Maybe a spouse, parent or other family member has a Court Order that allows them to take over the adult’s financial and legal affairs?
  • Did the adult make an Enduring Power of Attorney before their dementia progressed? Since the Enduring Power of Attorney only covers financial and legal matters, the adult with cognitive difficulties has a gap for health care and personal care matters.

Use the Basic RA7H+P

(Click to cover Health care and Personal care matters – two authorities from section 7. The RA7H+P is for situations where something is already in place for the adult’s financial and legal matters but nothing for health care or personal care AND the adult’s capability to understand is in question.)

Or order Custom RA7H+P

 

The following is for adults with cognitive difficulties who have nothing in place for Financial and Legal matters. We encourage making an RA7All (above), but there are some situations where health care and personal care might already by covered.

Basic RA&F+L – for adults on the RA7 path.

Or order Custom RA7F+L

 

 

2) For adults who meet the traditional cognitive definition of capability – they understand nature and effect

— make now while competent to understand in case become incompetent in the future due to injury or illness 

 

Click for Basic RA9

Or order Custom RA9

 

NOTE: The RA9 does NOT include financial authorities. Most adults on the traditional capability path will make an Enduring Power of Attorney to cover financial and legal matters. Go to a lawyer or notary public to make an Enduring Power of Attorney, but first read free information so you are better prepared – click Information (top menu bar) then click Enduring Power of Attorney.

Some people might not need the full coverage of the Enduring Power of Attorney (EPA) and make a Basic RA7F+L instead of EPA.

Or order Custom RA7F+L

 
 

Need personal help?

Our ability to provide personal help depends on funding. We currently have some funding from CLBC to help folks in the community living sector with the RA7. Trained resource people can help by phone.

Email us at info@nidus.ca – give us some background on the need and we’ll try to match you up with the appropriate resource people for help by phone.

If you aren’t in the target group, register for a free webinar held each Wednesday starting 7pm. Click link to register – https://attendee.gotowebinar.com/rt/654935520877325580

How can you help Nidus?

Nidus does not receive funding for core activities such as providing free education and forms. You can help Nidus and yourself by registering the completed Agreement (information provided with the forms) and by making a donation (tax receipt provided).