Change or end a standard representation agreement

You can adjust your agreement, so long as you’re still capable of making a standard representation agreement.

Say you want to give your representative more, or less, power. You can’t simply write your changes into the document. There are certain rules you must follow. Any legal change (called an amendment) must be signed in a certain way. 

An alternative to amending your agreement is to revoke (end) it. You can then make a new representation agreement that reflects the desired changes.

“I have a developmental disability. I asked my brother Jas to be my representative last year, but it’s not working for me. Jas is so bossy. He thinks he can take over my life. I told my friends and family about my problem. They’re going to help me end my old agreement with Jas. I’ll make a new one with my friend Annie. She really listens to what I have to say.”

– Sanita, New Westminster, BC

You can get out of your agreement at any time. But at the time you revoke it, you must be capable of making a standard representation agreement.

You must put your decision in writing in a notice of revocation. You must give a signed and dated copy of the notice of revocation to:

• each representative,

• each alternate representative, and

• your monitor, if you have one.

If your representative wants to resign, they must say so in writing. The written decision is called a notice of resignation. 

They must give the written notice of resignation to:

• you (as the person who appointed them),

• any other representatives named in the standard representation agreement,

• any alternate representatives, and

• your monitor, if you have one.

You should notify anyone who knew who your representative was (such as your bank, doctor, or care home) of the resignation. You can ask someone close to you for help, if you need it.

If you want to make changes to your existing standard representation agreement, there are certain rules you must follow. 

The change must be in writing. A formal change to a legal document is called an amendment. This is a separate document that sets out the changes to be made. It should refer to the original representation agreement.

The law says the amendment must be signed in a certain way:

• You must sign and date it in front of two witnesses.

• The witnesses must sign and date the agreement in front of you. Note that you only need one witness if they’re a notary public or a lawyer.  

• Your representative (including any alternates) must sign the amendment. If you have more than one representative, each must sign the amendment before they can act under it. But your representatives don’t all have to sign at the same time. And their signatures don’t need to be witnessed.

• If you have a monitor, they must complete and sign a monitor’s certificate. If you don’t have a monitor, but are adding financial powers to your representation agreement, you might have to appoint a monitor.

• Any other certificates that needed to be signed when you made the agreement would have to be re-signed. You can find what these certificates are by looking at your existing agreement — the certificates should be attached to it.

A person can’t witness a signature if they are:

• a representative,

• an alternate representative,

• a spouse, child, or parent of the representative or alternate, or

• employed by the representative, unless you’re appointing a lawyer, notary public or the Public Guardian and Trustee as your representative.

It’s a good idea to give written notice of the amendment to each representative, alternate representative and monitor. Attach a copy of the amendment to the notice.

If you want to be sure the notice makes it to the recipient, send it by registered mail.

You should also notify anyone you gave a copy of your representation agreement to, or anyone who might have expected to deal with your representative (such as your bank, doctor, or care home), that you changed the agreement.

This written document is called a notice of revocation. You can use wording like this:

I,__________________ [your name], revoke the standard representation agreement that I made on ___________ [date standard representation agreement was signed] that appointed the following people ________________[name of your representative(s)] as my representative.

Date: _____________________

Signature: _________________

Be sure to sign and date the notice of revocation.

The revocation takes effect when the notice is given to everyone required. Or you can specify (in the notice of revocation) a date in the future when it will take effect. 

Give a signed and dated copy of the notice of revocation to each of your representatives, alternate representatives and your monitor (if you have one).

If you want to be sure the notice makes it to the recipient, send it by registered mail.

You should also notify anyone you gave a copy of your representation agreement to, or anyone who might have expected to deal with your representative (such as your bank, doctor, or care home), that you ended the agreement.

If you make a new agreement, you should say in it that you have revoked your old agreement. Include the date when the old agreement was originally signed, and when it was revoked.

No, you don’t have to prepare a new agreement every time a representative’s address, phone number or legal name changes.

On a separate piece of paper, note the change. For example, if your representative has moved, write down their name and new address. Attach this to your original representation agreement (use a paperclip, not a staple). Also, attach any proof of the change, such as a copy of a legal name change document.

Don’t make any changes to the original document — this may make it invalid.

If you want to change who your representative is, it’s always open to you to end your existing agreement and make a new one (as long as you’re capable of doing so). But there are other options, depending on the circumstances.

If you only have one representative and:

• You have an alternate named in your representation agreement, your representative can resign and your alternate can step in. Your alternate continues to act under your existing agreement.

• You don't have an alternate, you'll need to end your agreement. You can then prepare a new agreement appointment the person you want as representative.

If you have multiple representatives, check to see what your agreement says. For example, if your representatives can make decisions independently, you may be able to ask one representative to resign, so that the other representatives can continue to act. 

If you’re not sure what to do, consider seeking legal advice.