Helping Someone with a Disability from Birth or Childhood
ARE YOU IN THE RIGHT SECTION?
This section is for British Columbians who are:
- An adult (19 years or older), and
- Needing assistance with decision making in one or more areas due to a disability at birth or during childhood. For example, a developmental disability (special needs), acquired brain injury, FASD or other condition that has affected their mental capability – in the short term or ongoing.
Scroll down for examples, forms, instructions and FAQs.
BRUCE, TIM, JAS NEED HELP – EXAMPLES
Bruce is in his 50s. He has a developmental disability from birth. He does not communicate in a traditional way. In the past, Bruce’s parents were able to help him informally. But now that both parents have died, his siblings are getting involved. The RA7 makes clear who has legal authority to help Bruce. This is easier for Bruce, the service system, and the family.
Tim is turning 19. He has autism. Tim’s parents have been supporting him to be independent but he needs help to make decisions about managing his money and things like living arrangements. Parental rights end at age 19. Tim’s parents want to continue to encourage his self-determination and also provide support when needed. The RA7 gives this flexibility.
Jasmine (Jas) had a serious ski accident when she was 16 years old. She is now 23. Jas had some problems due to a permanent brain injury that affects her ability to understand. She becomes confused and overwhelmed when dealing with government agencies and health issues. Her sister and friends, who know her and want to make things easier, do not have any legal authority to help. Jas, her sister, and friends read information about the RA7 and discuss the roles of a representative, alternate and the monitor. They also talked about how Jas can cancel the RA7 if it is not working for her. The monitor role is very helpful as it gives Jas someone to talk to if she has concerns and the monitor can assist Jas to address her concerns or revoke (cancel) the Agreement.
WHAT LEGAL DOCUMENTS ARE AVAILABLE TO HELP BRUCE, TIM & JAS?
Are you helping an adult with a disability from birth or childhood?
This section is for adults (19 years and older) who have a disability from birth or childhood and whose mental capability to understand is in question.
This may include people such as in the examples above. It may also include someone who was diagnosed with a debilitating mental illness before they turned 19.
BC is VERY fortunate to have a legal document – called the Representation Agreement section 7 (RA7) that has a different (inclusive) definition of capability than other legal documents.
An RA7 is a legal alternative to adult guardianship (also called Committeeship in BC). Other provinces and countries do not have this legal alternative.
Scroll down for the RA7 form and instructions.
What if this section does not apply?
Are you helping an adult whose mental capability to understand was affected AFTER they became an adult – perhaps due to advanced dementia, serious stroke or other condition – and they do not have legal documents in place authorizing someone to help? For their section about the RA7, click here.
Are you a caregiver or supporter who meets the traditional definition of capability – that is, you understand the nature and effect of making your legal documents? For information and forms that apply to you, click here.
SOME TECHNICAL TIPS
1. Nidus provides forms and publications in PDF format. Save Nidus PDFs to your device and open using Adobe Reader – a universal program that is free to download.
Other PDF viewers may not display Nidus documents correctly and forms may not be fillable. Get help if needed – try your public library.
2. Sometimes you need to clear the cache on your Internet Browser to be sure you are seeing the latest version of Nidus publications.
If a link has the same name, your computer might have saved (cached) the old version and keep showing it.
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ADULTS WHOSE MENTAL CAPABILITY TO UNDERSTAND IS IN QUESTION AND WHO NEED TO COVER ALL LIFE AREAS – RA7ALL
Legislation – Representation Agreement Act (RA Act) of BC. See section 7.
INFORMATION ABOUT RA7
Read RA7 Fact Sheet (See FAQ below information is also provided below).
To read the fact sheet online and for other information about Representation Agreements, click Information (top blue menu bar) > Representation Agreement.
RA7ALL FORM
Nidus provides a free Basic RA7All form. It is for personal use. It covers aspects of ALL four life areas.
The legal wording is for naming 1 representative, 1 alternate and a monitor – 3 different people.
Click for Basic RA7All Form, version 2019, 1104 (Nov. 4). Scroll down to Instructions to be sure you complete a valid RA7.
Authorities of a representative under an RA7All are detailed in the form except the first bullet. Click to view the definition for routine management of financial affairs, which is outlined in the Representation Agreement Regulation (part of the law).
Terms & Conditions for Basic RA7All
- You must request written permission from Nidus to alter the Basic RA7All form or to use wording from it. The form can NOT be used for any commercial purpose.
- If you use the Basic RA7All form above, you accept responsibility for making sure the capability requirements and content of the form applies to the adult making it.
- If you use the Basic RA7All form above, you are responsible to follow instructions provided on the form and below.
INSTRUCTIONS TO COMPLETE BASIC RA7 FORM
TIP: Get help from someone who is good with paperwork and details. You don’t have to be a legal expert to follow instructions, but some people are better at details than others!
Click on the questions below to view the drop down answers. Or click Instructions to download in PDF format.
Yes. The Basic RA7 form by Nidus has fillable fields – you can type in names and contact information. The fields are programmed to help avoid mistakes.
After typing in the form, save it under a different name. Some fields have to be filled in by hand.
You do not have to type on the form. You can handwrite information. Do NOT use pencil. Print clearly.
TIP: Make sure you include ALL information for each address. No one is likely to send a letter. In legal terms, addresses are a type of identification.
Yes. Make sure the Certificates are completed and accompany the Agreement pages. The Certificates go at the end.
Nidus puts page numbers at the bottom right of the Agreement. The page numbers include the required Certificates. Pay attention to the order of the pages and keep the same order for the original and when making copies and uploading to the Registry.
No. For the RA7All you need at least two people – one individual to be the representative and a different individual to be the monitor. Read below about no blank fields.
The only exception to the requirement to name at least two people for an RA7All, is if the representative is the adult’s spouse and the spouse is the only person named in the Agreement.
Yes. For the RA7H+P (covers health and personal care only) you can use the Basic RA7H+P form if you do not have anyone to name as an alternate.
Do NOT leave blank fields as it can create concerns. Neatly cross out references to the alternate on page 3 (#5,6,7) and where they sign on page 5 and put a line through their Certificate of Representative/Alternate (Form 1).
The term adult refers to the individual the Representation Agreement belongs to.
It is very important that the adult sign their Representation Agreement on their own. A signature is the mark they make in front of the two witnesses. It does not matter if it is a dot, line or squiggle. What matters is that they do it on their own. Take a video!
Sometimes people say – my son cannot sign because he does not understand. People who say this are still holding onto the old thinking about capability. The RA7 is different. Do some reading; get informed…
Many people with disabilities never get asked to sign anything so they might have to practice. You can also put the signing page on a clipboard and ‘catch’ the signature. Some people can’t use a desk. Sometimes you might have to build up the pen to make it easier to grasp (or buy a thick felt pen). Get creative.
A thumbprint or stamp is NOT a signature for a Representation Agreement.
The RA Act requires that the adult, representative, alternate, and the witnesses must all be 19 years of age or older at the time the Agreement is made. (Nineteen is the age of adulthood in British Columbia.)
If there is a need to change the people named in your Agreement, you can revoke (cancel) a Representation Agreement and make a new one. (Making a new Agreement does not automatically cancel the previous one. Nidus has information and a form for revoking under Information (top menu bar) > Representation Agreement.
Check that the representative and alternate agree and are qualified to be named.
The RA Act has some restrictions on who can be named as a representative or alternate representative when making the Agreement.These restrictions are in addition to being 19 years of age or older and willing to follow legal duties. There are no additional restrictions for naming an individual in the role of monitor.
Additional Restrictions – to avoid conflict of interest, you can NOT name someone as a representative or alternate who is:
- Paid or receives some other benefit for providing health care or personal care services to you (the adult)—unless they are your spouse, parent or child.
- An employee of a facility where you (the adult) live and receive health or personal care services—unless they are your spouse, parent or child.
No. The RA Act does not restrict the naming of a representative or alternate by geography. However, there can be practical issues.
It’s all about communication! This is at the heart of the purpose of the Nidus Registry. We recommend that you register your completed RA7 and upload/store a copy. From the Registry, you can print personalized wallet cards at no cost. On the back of each wallet card, write the name and phone number of your representative and alternate (before you laminate the card).
Make a wallet card for each wallet, purse, glove compartment, suitcase, jacket — and give one to your neighbours. If your neighbours know you went to hospital, they can phone your representative or alternate. It’s easy, it’s practical, it’s in your control.
You need two witnesses. They can be spouses – perhaps you have neighbours or friends who are legally married or in a common-law relationship.
When considering if someone can be a witness, check the following qualifications for each individual you are considering.
Each witness must:
- Be 19 years of age or older, and;
- Understand the type of communication used by you (the adult); and
- NOT be a representative or alternate representative named in the Agreement; and
- NOT be the spouse (legally married or in a marriage-like relationship [common-law]) or the child or parent (by birth or adoption) of a representative or alternate representative who is named in the Agreement, and;
- NOT be the employee of a representative or alternate representative named in the Agreement;
- NOT be the agent (someone who can act on behalf) of a representative or alternate representative who is named in the Agreement.
Do NOT take the RA7 form by Nidus to a lawyer or notary public to review or for witnessing.
Legal professionals do not generally witness documents they do not draft. The RA7 form by Nidus does not include wording for a lawyer or notary public to be a single witness.
If you follow the instructions, your RA7 will be valid. Representation Agreement forms by Nidus follow the requirements in the law. Members of Nidus helped create the law.
If you have difficulties and can’t find a relative or friend to help, do not use the RA7 form by Nidus. Nidus materials are designed for self-help and mutual help.
No. Only the adult and the two witnesses have to be together at the same time. Only the adult’s signature is witnessed.
The adult must be the first one to sign. Then the witnesses sign below. They all have to watch each other sign.
The representative and alternate cannot sign in advance of the adult and witnesses.
The representative and alternate do not need witnesses AND they do not have to sign at the same time as the adult or as each other.
Read signing instructions for the representative/alternate on the Basic RA7 form. You need their original signature on the page but they can sign on a photocopy of the page. For example, a completed Basic RA7 might have two of the same pages – one with the representative’s signature, another copy of the same page with the alternate’s signature.
The monitor does not sign the Agreement. If the monitor lives out-of-town, send the Certificate of Monitor. They must return it with their original signature so you have a complete original of all pages. Then you can make copies.
Print dates clearly. It is a good idea to use the name of the month, not numbers. For example, September 12, 2019 not 09/12/19.
The date the adult signed in front of witnesses must be filled in three places:
- Beside the adult’s signature (page 4 for RA7All; page 3 for RA7H+P).
- Top of page 1.
- Top of page 5 for RA7All (page 4 for RA7H+P).
The Representation Agreements forms by Nidus do not provide space for listing wishes as we know from years of experience (and legal experts agree) this can backfire.
Remember, the RA7 is primarily for an institution or professional to know who has authority and for what types of things. They may not know you and they may misinterpret your wishes. This can cause problems for your representative who is trying to advocate for what you want.
If anything is written down, make sure the representative, alternate and monitor have it and discuss it. You never know what will happen in the future and decisions need to be made based on current circumstances in keeping with your wishes and values.
Often one of the challenges for professionals and service systems is that people with disabilities may communicate in a non-traditional way. More important for adults who make an RA7 is for their representative, alternate, monitor and other supporters, to share and document how the adult communicates and the adult’s likes and dislikes. This is an important part of self-determination – just like signing (making a mark). For ideas, click to read Expression of Preferences.
You can register the completed RA7 with the Nidus Registry.
The idea of the Nidus Registry came out of the grass-roots law reform that created the RA Act. Citizens and community groups in BC (and numerous professionals) supported the idea of a Registry – especially for time-sensitive matters like health care when the RA7 needs to be readily available.
The Nidus Registry is different from many government registries because it is self-managed. You can register important and information yourself and keep it up-to-date.
The Registry is designed to help with organization and communication.
The Nidus Registry has helped to honour people’s wishes at times they are most vulnerable. The public is using the Nidus Registry as part of emergency preparedness. You can securely store important information and documents (like insurance policies) in case of a wildfire, flood or earthquake.
The first step is to create a Registry Account in the name of the adult, not the representative. Then at the Account/Welcome page, scroll down to Registration Options and select Representation Agreement to register the completed RA7All or RA7H+P.
To create a Registry Account, click Sign-Up at https://registry.nidus.ca/
Make sure those named in the RA7 each have a copy (not the witnesses).
You may not know all the places that will need copies when you first make the RA7. Your representative or alternate may have to provide copies or show the original if they have to use the RA7.
It will also depend on the authorities in the RA7. If it is an RA7All (for all life areas) then it can be used for financial and legal affairs. It may be good to get a copy on file with the bank and the Canada Revenue Agency and perhaps Community Living BC and the Ministry of Social Development (for PWD benefits). If the document is for RA7H+P then it does not cover financial and legal affairs – give copies to professionals and institutions that deal with health and personal care matters.
For an RA7All or RA7H+P, give a copy to your doctor or clinic. Take the original and ask them to make a photocopy and sign that it is a true copy. They can keep the copy for their files. You must always get the original back – count the pages to be sure. Specialists may require a copy too. Check with them. It may be new – but that is good, you are helping with education!
You MUST keep the original safe and accessible. It is proof of authority for the representative and alternate.
When you register the completed Agreement, you can say where the original is kept. Use the ‘details’ box to be very specific – such as third drawer of file cabinet. If you move, make sure to update this in the Nidus Registry. It can be a big help to others!
- Some people give the original to their representative.
- Some people keep it in their home. It is NOT a good idea to put it in a safety deposit box.
- Some people store it in the freezer – but you need to be absolutely sure it is protected from moisture.
- Most people keep it with other important papers in the home.
We recommend storing (uploading) a copy in the Nidus Registry in case you lose the original or there is no time to get it (or you are evacuated).
TIP: Keep the original in a plastic page protector (available at stationary store). This keeps is clean and a good reminder that it is your original. Do not staple the original as you may need to make photocopies. If there is a change of address or phone, keep details in the same page protector. See more details under next heading. Do NOT make any changes on the original as it can raise suspicions.
Do NOT make any changes on the original as it can raise suspicions.
A change of address, phone number or even legal name change does not make an Agreement invalid. These changes do not require making a new Agreement. Make these kinds of changes on future photocopies of the original.
If you have distributed some copies, let those parties know about any change of address or phone.
You can update contact information in the Nidus Registry so it is always current. An uploaded copy of the completed Agreement should match your original.
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If you want something different than the Basic RA7All form. Click to request a Custom RA7All.
Terms & Conditions for Custom RA7All
- You will be asked to accept the Terms and Conditions when you complete the Custom RA7All request.
- Complete the above request form (2 pages). Select one type of set-up.
- Save the completed request document under a new title in order to save the selections and information you typed in. Send your request to Nidus as directed on page 2.
- There is a non-refundable fee of $85.00 for each person/request. The fee is paid in advance. Select preferred method of making payment on the request form. Allow 5 business days after payment to receive the Custom RA7All.
- After payment we will email you a fillable RA7All with the customization you selected.
- We will provide instructions and a coupon code to use for registering the completed RA7All.
- You are asked to review the Custom RA7All sent by Nidus to be sure it fits your request. If you find that Nidus made a mistake, we will correct it.
- You must follow the instructions on the form and provided separately to make a valid RA7All.
- If you indicate on page 2 of the request, the adult is revoking a previous Agreement that is registered, we will provide procedures and Notice of Revocation form. We will also provide a coupon code to register the Notice of Revocation – this will let you replace the previous registered Agreement so it is not found in a search of the Registry.
- Nidus will fill in the adult’s name in the Custom RA7All as provided on the request form. There are no refunds if you make a mistake for the name on the request. Put the full name. There will be room on the Custom RA7All for you to enter the adult’s nickname or common name if needed.
- Nidus only enters the adult’s name. You will complete the rest of the Custom RA7All. Instructions are provided.
RA7H+P FORM
The RA7 H+P form is for adults, whose financial affairs are being managed by another authority.
For example, let’s say Bruce’s finances were taken over by the Public Guardian and Trustee (PGT) as statutory property guardian. Or perhaps, years ago Bruce’s parents applied to the Supreme Court of BC for adult guardianship (Committeeship) of Bruce’s finances. Even if the parents die, Bruce remains under guardianship. A sibling can apply to Court to replace the parents or the PGT will take over the Court order. Bruce could still make a Representation Agreement for Health & Personal Care so his representative(s) can make sure his money is spent for his needs.
The legal wording for the Basic RA7H+P is for naming 1 representative and 1 alternate – 2 different people.
Scroll up to read Instructions online or click Instructions for PDF format.
Click for Basic RA7H+P Form, ver. 2019, 1104. Read and follow instructions to make sure the completed form is valid.
Terms & Conditions for Basic RA7H+P
- You must request written permission from Nidus to alter the Basic RA7H+P form or to use wording from it. The form can NOT be used for any commercial purpose.
- If you use the Basic RA7H+P form above, you accept responsibility for making sure the capability requirements and content of the form applies to the adult making it.
- If you use the Basic RA7H+P form above, you are responsible to follow instructions provided on the form and above.
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If you have more people or want different roles, click to request a Custom RA7H+P
Terms & Conditions for Custom RA7H+P
- You will be asked to accept the Terms and Conditions when you complete the Custom RA7H+P request.
- Complete the above request form (2 pages). Select one type of set-up.
- Save the completed request document under a new title in order to save the selections and information you typed in. Send your request to Nidus as directed on page 2.
- There is a non-refundable fee of $85.00 for each person/request. The fee is paid in advance. Select preferred method of making payment on the request form. Allow 5 business days after payment to receive the Custom RA7H+P.
- After payment we will email you a fillable RA7H+P with the customization you selected.
- We will provide instructions and a coupon code to use for registering the completed RA7H+P.
- You are asked to review the Custom RA7H+P sent by Nidus to be sure it fits your request. If you find that Nidus made a mistake, we will correct it.
- You must follow the instructions on the form and provided separately to make a valid RA7H+P.
- If you indicate on page 2 of the request, the adult is revoking a previous Agreement that is registered, we will provide procedures and Notice of Revocation form. We will also provide a coupon code to register the Notice of Revocation – this will let you replace the previous registered Agreement so it is not found in a search of the Registry.
- Nidus will fill in the adult’s name in the Custom RA7H+P as provided on the request form. There are no refunds if you make a mistake for the name on the request. Put the full name. There will be room on the Custom RA7H+P for you to enter the adult’s nickname or common name if needed.
- Nidus only enters the adult’s name. You will complete the rest of the Custom RA7H+P. Instructions are provided.
F.A.Q.
Is a Representation Agreement required?
- No. A Representation Agreement is a legal document that a person makes voluntarily.
- A Representation Agreement is not a service – you do not apply for it. It is a way that an adult may authorize the person or people they trust to help them when they need assistance. Read the material at Step One above, under Getting Started.
- Some programs and services may recognize a Representation Agreement as an option for accessing a particular service or benefit such as Direct Funding from Community Living BC.
My son just turned 17; can he make a Representation Agreement?
- No. Your son must be 19 years or older to make a Representation Agreement.
Do we need a lawyer or notary public to make a Representation Agreement?
- No. You do not need a legal professional to make a Representation Agreement. A lawyer or notary public must take instruction from the adult, not from a family member or friend. Nidus uses a self-help approach for making a Representation Agreement – someone can help the adult make their Agreement.
How do I apply for a Representation Agreement?
- There is no application process. A Representation Agreement is not a service. Any adult may make a Representation Agreement. You can help someone to make their Agreement, but the document belongs to the adult and they don’t need ‘permission’ to make one.
- One of the tools that Nidus suggests you can use to get started, is the Planning Circle Exercise. It is a tool for identifying personal supporters – the key aspect of a Representation Agreement.
My daughter cannot talk or read or write, she does not understand. How can she make a Representation Agreement?
- Different laws have different capability requirements.
- Your daughter may not meet the capability requirements to make other legal documents such as a Power of Attorney or a Will. However, the Representation Agreement Section 7 provides a new way of looking at capability that is intended to make Representation Agreements accessible to ALL adults – even if they cannot manage their own affairs or make decisions on their own.
What if I want some personal help?
- Nidus provides information and resources through our website for self-help. We also offer free webinars. If you would like to speak with Nidus staff, we also provide personal help by phone appointment.
What if the adult needs to change or cancel their RA7?
- If you or someone you appointed has a change of address, phone number or legal name, you do not have to make a new document. DO NOT MAKE ANY CHANGES ON THE ORIGINAL – you can neatly make changes on future photocopies.
- You can update this information with the Personal Planning Registry – for changes to contact information of those appointed, read the instructions on View, Edit, Share. For changes to contact information for the Registry Account Holder see View or Change Account Holder information.
- If you want to change the people you appointed or the authorities you included in your documents, you need to revoke (cancel) your old document and make a new one. Nidus has information and forms about Revoking an RA. Making a new RA does NOT automatically cancel a previous one.
What if someone named in the RA7 needs to resign?
- Nidus has information and forms about Resigning from an RA.
- You can also register the Notice of Resignation with the Personal Planning Registry to keep your record up-to-date.
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