What is a Representation Agreement?

What is it?

A Representation Agreement allows you to appoint someone else to deal with your personal and medical decisions during your lifetime.

What powers can be granted?

There are two “categories” of powers: “standard provisions” and “non-standard provisions”.  You can choose which powers to grant to your representative; you do not have to grant all of the powers described below.

The standard provisions are found in section 7 of the Representation Agreement Act and include the power of the representative to make decisions regarding the following:

    1. your personal care;
    2. the routine management of your financial affairs (for example, paying bills);
    3. “major health care” and “minor health care” (as defined in the Health Care (Consent) and Care Facility (Admission) Act);
    4. in some circumstances, obtaining legal services on your behalf; and
    5. in some circumstances, accept a proposal for your admission to a care facility.

The non-standard provisions are found in section 9 of the Representation Agreement Act and include the power of the representative to make decisions regarding the following:

    1. do anything that the representative considers necessary in relation to your personal care or health care;
    2. do one or more things in relation to your personal care or health care relating to certain lifestyle decisions, such as where you will live, what activities you will participate in, who you will have contact with, and more; and
    3. give or refuse consent to health care that is necessary to preserve life.

What duties are imposed on my Representative?

A representative’s duties are set out in the Representation Agreement Act and include the duty to act honesty and in good faith, using reasonable judgement and make decisions in accordance with your wishes and known beliefs and values.

Representatives also have duties to keep accounts and records regarding their actions.

This is a brief review only. For further information, please do not hesitate to contact one of the lawyers in our Wealth Preservation + Estate Litigation Practice Group.