Choose Who Speaks for You When You Can't
If illness, injury, or cognitive decline ever leaves you unable to make your own decisions, a representation agreement ensures someone you trust is authorized to step in. Without one, your family may face delays, legal uncertainty, or court applications just to make basic decisions about your health care and personal well-being.
A representation agreement is not just for seniors. Accidents and medical emergencies can happen at any age, and having this document in place protects both you and the people closest to you.
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Types of Representation Agreements in British Columbia
Under BC's Representation Agreement Act, there are two types:
Section 7 (standard) representation agreement — Covers routine health care and personal care decisions, including where you live, what you eat, and who you see. Importantly, it does not require that you meet a legal test for mental "capability" — making it accessible to a wider range of people, including those with diminishing capacity.
Section 9 (enhanced) representation agreement — Grants broader authority, including the power to consent to or refuse medical treatment, and to make legal and financial decisions on your behalf. Requires that you are legally capable at the time you sign it.
Who Should Be Your Representative?
Your representative should be someone you trust completely — typically a spouse, adult child, or close friend. You can also name an alternate in case your first choice is unavailable. We help you think through this decision and ensure your representative understands their role and responsibilities.
How a Representation Agreement Works with Your Estate Plan
A representation agreement is one piece of a complete incapacity and estate plan. It works alongside your power of attorney (which covers financial matters) and your advance care directive (which records your specific medical wishes). Together, these documents ensure every aspect of your life is covered if you're unable to manage things yourself.
We draft representation agreements tailored to your circumstances and make sure they coordinate with the rest of your legal documents.