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.
Mother and adult son

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 for 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.


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.

ADULTS WHOSE MENTAL CAPABILITY TO UNDERSTAND IS IN QUESTION

Legislation – Representation Agreement Act (RA Act) of BC. See section 7.

There are 4 authorities or standard powers under section 7 to cover aspects of ALL 4 life areas.

Information
RA7 Fact Sheet

Definition for routine management of financial affairs  (one of authorities under section 7 standard powers)

See Information (top blue menu bar) > Representation Agreements – for more resources on Representation Agreements – Making Changes, Notice of Revocation, and more.

RA7ALL FORM

Nidus provides the Basic RA7All form for free – for adults whose mental capability to ‘understand’ is in question and who need to cover ALL 4 life areas. The RA7All form is for personal use only.

Click for Basic RA7All Form  Ver. 2021 0901. Includes tips for witnessing from a physical distance for Covid-19 measures. Comes with detailed instructions so you create a valid legal document – don’t rely on your assumptions.

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.

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Some people want a different set-up. Click to request a Custom RA7All.

Terms & Conditions for Custom RA7All

  • You will be asked to accept the Terms and Conditions on page 2 when you complete the Custom RA7All request.
  • Complete the above request form. Select one type of set-up.
  • You may have to 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.
  • 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 provided with the Custom RA7All to make a valid document.
  • 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 we send 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.
  • If you indicate 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.

RA7H+P FORM

The RA7H+P form is for adults, whose financial affairs are being managed by another authority. The RA7H+P has authorities only for health care and personal care under section 7 standard powers. It is free for personal use.

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’s finances remain under guardianship. However, even if Bruce’s finances are managed by the PGT or someone else, Bruce could make a Representation Agreement for health & personal care (RA7H+P) so his representative(s) can help advocate for his money to be spent on his care needs.

 

Click for Basic RA7H+P Form Ver. 2021 0901. Includes tips for witnessing from a physical distance for Covid-19 measures. Comes with detailed instructions so you create a valid legal document – don’t rely on your assumptions.


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 the detailed instructions provided at the link with the Basic RA7H+P form.

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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. Select one type of set-up.
  • You may have to 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.
  • 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 provided with the Custom RA7H+P to make a valid document.
  • 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.
  • If you indicate on 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.