“My mother has just been diagnosed with Alzheimer's. She made me her representative. She’s always been fiercely independent. She hopes she’ll be able to make her own decisions for some time yet, with support from me as needed. We know the time will come when she’ll need me to make decisions for her. We talked about her beliefs and values. When needed, I can make decisions based on what she would have wanted.”
– Khoa, Abbotsford, BC
A person with limited or declining capacity may need support in making decisions. By preparing a standard representation agreement, they can choose someone they trust to be their representative. This person can help them with financial, legal, health care, and personal care matters. Learn the key reasons why a standard representation agreement can be helpful.
Why prepare a standard representation agreement
“Chella is non-verbal. But she can tell me what she wants. Often, I’ll explain her choices by role playing different scenarios. I ask her yes and no questions. She’s able to express her wishes by making certain gestures and noises.”
– Zadie, Vancouver, BC
With a standard representation agreement, someone can appoint a representative to help them with certain decisions. It can cover financial, legal, health care, and personal care matters. It’s usually made by people who need support to make decisions now, and into the future.
This type of agreement is sometimes called a section 7 representation agreement, based on this underlying law. This law recognizes that everyone has the right to meaningfully participate in decisions that impact them. This is where supported decision-making comes in. It’s not about taking over and making decisions for someone. It’s about helping them find their way to their own solutions.
Supported decision-making may be helpful for:
adults with intellectual disabilities surrounded by an engaged and committed circle of support
aging adults experiencing the early stages of cognitive decline
adults for whom it’s a cultural norm to make communal decisions with their family
More on what the law requires
The law says that when helping an adult to make a decision, a representative must consult with them about their wishes, and comply if it’s reasonable to do so.
The law governing representation agreements sets out one of the main reasons for preparing a standard representation agreement — to avoid the need for the court to get involved.
No one has the automatic authority to make legal, financial, or even personal care decisions for someone who is incapable of making the decision themselves. As a last resort, a family member or friend may need to apply to court to get the authority to become that individual's committee. If the court approves, they can make decisions about the person’s affairs.
Going to court is rarely a desirable plan A. It’s expensive and time-consuming. It can cause unnecessary stress for the person affected, their family, and others close to them. It can take months or even years for applications to be heard in court. This can delay access to money needed for the person’s care and degrade their quality of life.
Before appointing a committee, the court must declare the person affected by the order to be incapable. This declaration strips them of their decision-making rights over their body and property. On the other hand, making a representation agreement emphasizes a person’s right to self-determination.
Preparing a standard representation agreement avoids a common scenario. If medical treatment is needed and no planning has been done, the law decides who the health care provider will ask to give consent to the treatment.
Here’s how it works. There’s a hierarchy of authority that a health care provider must follow if a decision needs to be made and the person affected is not able to make it. At the bottom of the hierarchy is a temporary substitute decision-maker. This person will be temporarily appointed to make a specific health care decision for the person. They’ll only be called on if there’s no other authority (such as a representation agreement) in place that addresses the specific health care need.
A temporary substitute decision-maker is not someone chosen by the person affected. It may be someone they never would have wanted to make a decision about their health for them. See our coverage of temporary substitute decision-makers to learn who might be chosen and what they’ll be asked to do.
For an adult who needs help right now, preparing a standard representation agreement serves two purposes:
They can plan for the future. Who do they want to take care of them when their current caregiver(s) aren’t around?
They can formalize their care relationships, and get the immediate help they need.
A representation agreement can formalize caregiving relationships
In practice, caregivers often make decisions for adults with disabilities without the legal authority to do so. These arrangements could be legally challenged. A standard representation agreement can formalize existing caregiving relationships.
Helping your family member or friend plan is an investment in their future — and in their life right now. Thinking ahead together is a validating experience. It makes them feel heard and understood. The peace of mind that comes from having one’s preferences and values respected is part of living a good life.
A standard representation agreement can be tailored to fit an adult’s preferences and circumstances. For example, they can choose:
Different people to make different kinds of decisions. Sam can make routine financial decisions and legal decisions for Ron. Jo can make health care and personal care decisions for Ron.
Two or more people to make the same kind of decision. Sam and Jo can make health care decisions together for Ron. In this scenario, they must act unanimously unless the agreement gives them permission to do otherwise.
Not everyone can be a representative
Employees of care facilities and other paid staff cannot be representatives. This is a role for family members and friends.
“Our son Phil had a ski accident. His head hit a rock — hard. We’ve been caring for him since, but know we won’t live forever. Phil chose his brother Marvin as his alternate representative. Marvin knows how Phil communicates, he knows his likes and dislikes, and he knows how to make him laugh! Phil can continue getting the support he needs after we’re gone.”
– Etta, Burnaby, BC
The person making a standard representation agreement can name an alternate representative — someone who can step in if the first representative is no longer willing or able to help.
If you are caring for an adult now: you might not always be able to care for someone who depends on you. A standard representation agreement can ensure that their needs will continue to be met.
Planning together for an adult’s care, with the adult, can strengthen the connections between family, caregivers, and those close to them.
Here are just a few of the benefits of planning:
When everyone understands their role in the network of care, there’s less chance of conflict.
The likelihood of disputes among family members — over things like who should pay for what — is likewise minimized.
A representative (including alternates) can take the time to learn what works best for the adult and what doesn’t.
Together, both the adult and their representative can learn about the options available to them. A representative can help an adult learn more about:
their health issues and what their medical needs might be going forward
possible living arrangements, programs and activities they can participate in
government benefits they might be entitled to
job opportunities
Casting a wide information-gathering net will help the adult make informed decisions. It’s comforting to have had the chance to think things through in advance. Failing to plan for future care may have a number of consequences. Among them:
inadequate input of the adult about their own future
inappropriate care arrangements and facility placements
inadequate legal and financial safeguards
disagreements among family members and with care providers
increased confusion for the adult
Start planning
Standard representation agreements are designed for adults who need help now because they’re incapable of making decisions independently. They may be appropriate for an adult:
with an intellectual disability
who suffered from a traumatic brain injury
experiencing age-related mental decline
whose cognitive function is otherwise impaired due to illness or accident
There are also some circumstances where an adult who can make decisions independently might choose to make one. Though a better fit may be a second type of representation agreement, an enhanced representation agreement.
Learn about the two types of representation agreements, and confirm which type is a good fit in your situation.
Then we can walk you through preparing a standard representation agreement.
