Representation Agreements in BC
Although British Columbia does not recognize “living wills” or “advanced medical directives”, the province has similar documents called “representation agreements”.
A representation agreement is a crucial component of most people’s estate plans, allowing you to outline your wishes regarding personal affairs and healthcare in the event that you lose the capacity to communicate your preferences or make decisions later in life.
This helps prevent confusion and disputes among family members during challenging times.
The estate planning specialists at Vest Estate Law can assist you in preparing a representation agreement that accurately reflects your wishes and can be implemented if needed in the future.
What is a Representation Agreement?
No one enjoys contemplating the possibility of serious injury or illness, but unfortunately, the risk increases with age.
If you drive a car, the danger is always present.
Imagine being unable to make decisions or communicate your desires to loved ones.
A representation agreement is a legal document that addresses this possibility. It allows you to appoint a trusted individual as your legal representative (“representative”) with the authority to make personal decisions on your behalf if you are unable to do so – either temporarily or permanently.
A representation agreement should be shared with the relevant authorities, such as healthcare providers and family members, who need to understand the decisions it contains.
While it may never be used, it can provide peace of mind knowing that someone has decision-making powers without having to apply to the courts.
What should I include in my representation agreement?
A representation agreement can specify exact wishes that you want to be followed or provide general guidelines, entrusting the decision-making responsibility to your agent.
At a minimum, you should outline some instructions to guide your agent if you are unable to communicate your wishes to the relevant people.
Decisions may involve many fundamental aspects of your life, such as:
- Medical treatment preferences
- Where and with whom you would like to live
- Who will care for dependent children
- Recreational, employment, and educational preferences
- Any other personal matters or legal decisions that need to be made
There are different types of representation agreements and some representation agreements can grant financial powers and management to your representative while some representation agreements only will grant your representative the authority to handle your person, such as medical wishes and lifestyle decisions.
Why have a Representation Agreement?
Creating a representation agreement is a voluntary choice. There is no legal requirement to have such a document.
However, there are numerous benefits to setting up a personal directive:
- You remain in control of your choices and living preferences in later life
- A trusted person of your choosing helps look after your personal affairs if you are unable to do so
- Your wishes are clearly stated and in writing to avoid confusion, stress and disagreements for family members
- You have the peace of mind of knowing that delays will be avoided and decisions will be made according to your wishes if you are incapacitated.
Create your Representation Agreement
A representation agreement should be custom-drafted to incorporate your precise wishes.
The experts at Vest Estate Law can help you with the first important steps in creating a comprehensive estate plan that includes a personal directive.
Start with a one-on-one consultation, during which we will listen to your goals and advise you of your options.
Our Vancouver intake staff are standing by to help you. Call (604) 256-7152 [toll free 1 (877) 415-1484] or contact us online to schedule an appointment.
We also have a dedicated intake form to help you get the ball rolling. Our intake team will review your specific case and advise you on the next steps to take, as well as what to expect moving forward.
Our Vancouver office is open 8:30 a.m.—4:30 p.m., Mon—Fri.
Kelly Sullivan
WILLS and ESTATES PARALEGAL
Kelly is a highly accomplished Paralegal with an impressive 28-year tenure in the legal industry, specializing in estate administration and estate planning at Vest Estate Law.
