96405_01 Representation Agreement Act B.C.

the shelter, employment, diet and dress of an adult,

participation by an adult in social, educational, vocational and other activities,

contact or association by an adult with other persons, and

licences, permits, approvals or other authorizations of an adult to do something;

is married to another person, and is not living separate and apart, within the meaning of the Divorce Act (Canada), from the other person, or

is living with another person in a marriage-like relationship;

to allow adults to arrange in advance how, when and by whom, decisions about their health care or personal care, the routine management of their financial affairs, or other matters will be made if they become incapable of making decisions independently, and

to avoid the need for the court to appoint someone to help adults make decisions, or someone to make decisions for adults, when they are incapable of making decisions independently.

making, changing or revoking a representation agreement, and

making decisions about personal care, health care and legal matters and about the routine management of the adult's financial affairs.

an individual who is 19 years of age or older, other than an individual who

the Public Guardian and Trustee;

a credit union or trust company as long as the credit union's or trust company's area of authority under the representation agreement does not include health care or personal care.

a different area of authority, or

all or part of the same area of authority.

the circumstances in which the alternate representative is authorized to act in place of the representative, including, for example, if the representative is unwilling to act, dies or is for any other reason unable to act;

any conditions subject to which the alternate representative is authorized to act in place of the representative, including, for example, conditions about the appointment of a monitor.

the adult's personal care;

routine management of the adult's financial affairs, including, subject to the regulations,

major health care and minor health care, as defined in the Health Care (Consent) and Care Facility (Admission) Act, but not including the kinds of health care prescribed under section 34 (2) (f) of that Act;

obtaining legal services for the adult and instructing counsel to commence proceedings, except divorce proceedings, or to continue, compromise, defend or settle any legal proceedings on the adult's behalf.

a family care home,

a group home for the mentally handicapped, or

a mental health boarding home.

to help make, or to make on the adult's behalf, a decision to refuse health care necessary to preserve life, or

despite the objection of the adult, to physically restrain, move or manage the adult, or authorize another person to do these things.

making a contract,

managing the adult's health care, personal care or legal matters, or

the routine management of the adult's financial affairs.

whether the adult communicates a desire to have a representative make, help make, or stop making decisions;

whether the adult demonstrates choices and preferences and can express feelings of approval or disapproval of others;

whether the adult is aware that making the representation agreement or changing or revoking any of the provisions means that the representative may make, or stop making, decisions or choices that affect the adult;

whether the adult has a relationship with the representative that is characterized by trust.

do anything that the representative considers necessary in relation to the personal care or health care of the adult, or

do one or more things in relation to the personal care or health care of the adult, including any of the following:

give or refuse consent on the adult's behalf to any type of health care prescribed under section 34 (2) (f) of the Health Care (Consent) and Care Facility (Admission) Act,

make arrangements for the temporary care and education of the adult's minor children, or any other persons who are cared for or supported by the adult, or

interfere with the adult's religious practices.

is not terminated solely because the adult subsequently becomes incapable of making a representation agreement giving that authority to a representative,

is subject to any conditions or restrictions placed on that authority in the representation agreement, and

must be exercised in accordance with this Act and any other enactment.

the adult's admission to a designated facility under section 22, 28, 29, 30 or 42 of the Mental Health Act,

the provision of professional services, care or treatment under the Mental Health Act if the adult is detained in a designated facility under section 22, 28, 29, 30 or 42 of that Act, or

the provision of professional services, care or treatment under the Mental Health Act if the adult is released on leave or transferred to an approved home under section 37 or 38 of that Act.

the representative named by the adult is the adult's spouse, the Public Guardian and Trustee, a trust company or a credit union, or

the adult has assigned authority under section 7 (1) (b) to 2 or more representatives and they are required to act unanimously in exercising all authority assigned under that section.

[Repealed 2007-34-51.]

as soon as written notice has been given to all persons entitled to notice under subsection (6), or

on a later date specified in the written notice.

a new monitor is appointed under section 21, or

the court determines under section 21 that a monitor is not required.

the monitor was chosen under subsection (3), and

the representation agreement provides that the authority of each representative is not suspended in the circumstances described in subsection (8).

the agreement is signed and witnessed in accordance with this section;

all certificates required under this section and sections 5, 6 and 12 are completed.

if the representation agreement appoints more than one representative and the representatives must act jointly, each representative,

if the representation agreement appoints only one representative, that representative, or

if the representation agreement appoints more than one representative but each may act independently, at least one representative.

the adult is physically incapable of signing the agreement,

the adult is present and directs that the agreement be signed,

the person signing the agreement is an adult who is not named as a representative or alternate representative in the agreement and is not a witness to the agreement,

the signature of the person signing the agreement is witnessed in accordance with subsection (3.01) or (3.02) as though that signature were the adult's signature, and

in the case of a representation agreement made under section 7, the person signing the agreement and each witness complete a certificate in the prescribed form.

a person named in the representation agreement as a representative or alternate representative;

a spouse, child or parent of a person named in the representation agreement as a representative or an alternative representative;

an employee or agent of a person named in the representation agreement as a representative or alternative representative, unless the person named as a representative or an alternative representative is

a person who is not an adult;

a person who does not understand the type of communication used by the adult, unless the person receives interpretive assistance to understand that type of communication.

[Not in force. Repealed 2006-33-2.]

when an event occurs.

act honestly and in good faith,

exercise the care, diligence and skill of a reasonably prudent person, and

act within the authority given in the representation agreement.

consult, to the extent reasonable, with the adult to determine the adult's current wishes, and

comply with those wishes if it is reasonable to do so.

a representative is acting within authority given to the representative under section 9, and

the representation agreement provides that in exercising that authority the representative need only comply with any instructions or wishes the adult expressed while capable.

on the basis of the adult's known beliefs and values, or

in the adult's best interests, if the adult's beliefs and values are not known.

keep accounts and other records concerning the exercise of the representative's authority under the representation agreement, and

produce the accounts and other records for inspection and copying at the request of any or all of the following:

are owned by the adult and the representative as joint tenants, or

have been substituted for, or derived from, assets that were owned by the adult and the representative as joint tenants.

the incapability of the adult, or

an area of authority granted to the representative.

the adult,

all other representatives and alternate representatives named in the representation agreement, and

the monitor, if any.

as soon as written notice has been given to all persons entitled to notice under subsection (1), or

on a later date specified in the written notice.

may require the representative to

must notify the adult, the representative and all other representatives, including alternate representatives, of the monitor's reason for the belief.

the monitor is unsuitable or is no longer able to act, or has ceased to act, as monitor, and

the adult is incapable of making a new representation agreement.

determine that a monitor is not required;

confirm, vary or reverse the Public Guardian and Trustee's decision;

make any decision that the Public Guardian and Trustee could have made in the first instance.

authorize that the monitor be remunerated, out of the adult's assets, for acting as a monitor in relation to authority given to a representative under section 7 (1) (a), (b) or (d), and

set the amount or rate of the remuneration.

to perform the representative's or monitor's duties,

for the purposes of an investigation of the Public Guardian and Trustee under section 30 (3) (a) or 31, or

to make an application to, or comply with an order of, the court.

is deemed to have had authority to act, and

is not liable for acting without authority.

acts honestly and in good faith, and

exercises the care, diligence and skill of a reasonably prudent person.

a provision of the representation agreement expressly authorizes and sets the amount or rate of the remuneration,

the provision authorizing the remuneration is not void under subsection (1.1), and

the court, on application by the person named in the representation agreement as a representative, alternate representative or monitor, authorized that the remuneration be paid.

the representative or alternate representative is the Public Guardian and Trustee, and

the remuneration is in accordance with a regulation made under the Public Guardian and Trustee Act.

the adult is capable of making the agreement,

in the case of a change, an amendment to the agreement is executed in accordance with the procedures for executing a representation agreement,

any criteria for change or revocation that are set out in the agreement are met, and

in the case of a revocation, written notice of the revocation is given to

as soon as written notice has been given to all persons entitled to notice under subsection (1) (d), or

on a later date specified in the written notice.

on the bankruptcy of the adult or the representative or on the appointment of a receiver for the adult,

on the conviction of the representative for an offence involving dishonesty,

if the representative is a credit union or trust company, on the dissolution or winding up of the credit union or trust company or on it ceasing to carry on business, or

as provided in section 19.1 (3) (b) of the Patients Property Act.

on the death of the adult who made the agreement;

[Not in force. Repealed 2006-33-2.]

on the court cancelling the agreement under section 32 (1);

if the adult who made the agreement and the adult's representative are spouses, on the termination of their marriage or marriage-like relationship;

on the representative becoming incapable;

on the resignation or death of the representative;

on the effective date of the revocation of the agreement under section 27;

as provided in section 19 of the Patients Property Act.

more than one representative is named in the representation agreement and the agreement provides that the remaining representative or representatives may continue to act, or

an alternate representative is named in the agreement and is willing and able to act as representative.

an adult is, or was at the time, incapable of making, changing or revoking a representation agreement,

fraud, undue pressure or some other form of abuse or neglect is being or was used to induce an adult to make, change or revoke a representation agreement,

the making, use or revocation of a representation agreement or a change to a representation agreement is clearly inconsistent with the current wishes, values, beliefs or best interests of the adult who made, revoked or changed the agreement,

there is an error in a representation agreement or an error was made in executing, witnessing or registering the agreement,

anything improper has occurred in the making, use or revocation of a representation agreement,

[Not in force. Repealed 2006-33-2.]

a representative is not qualified under section 5 (1),

a representative is

a representative has given or proposes to give consent to health care that is not authorized by the representation agreement, or

any criteria specified in the representation agreement as grounds for objection have been met.

conduct an investigation to determine the validity of the objection and then advise the objector of the outcome;

[Not in force. Repealed 2006-33-2.]

apply to the court for an order confirming a change to, or the revocation of, a representation agreement, or for an order cancelling all or part of a representation agreement;

apply to the court for an order that a representation agreement is not invalid solely because of a defect in the execution of the agreement;

recommend that someone else apply to the court for an order referred to in paragraph (d), (e) or (e.1);

make a report under section 46 of the Adult Guardianship Act;

appoint a monitor;

authorize that a monitor appointed under paragraph (g.1) be remunerated, out of the adult's assets, for acting as a monitor in relation to authority given to a representative under section 7 (1) (a), (b) or (d) and set the amount or rate of the remuneration;

take any other action that the Public Guardian and Trustee considers necessary.

the adult is incapable,

the order is in the adult's best interests, and

the court gives reasons for making the order.

limits the inherent jurisdiction of the Supreme Court to act in a parens patriae capacity, or

deprives a person of the right to ask the court to exercise that jurisdiction.

was made before this Act authorized the making of a representation agreement, and

would have been a valid representation agreement if, at the time the agreement was made, this Act had authorized the making of a representation agreement,

performs the function of a representation agreement,

was made in a jurisdiction outside British Columbia, and

complies with any prescribed requirements

[Repealed 2007-34-64.]

respecting what constitutes "routine management of the adult's financial affairs" for the purposes of section 7 (1) (b), including regulations the matters listed in section 7 (1) (b) (i) to (iv);

respecting accounts and other records that must be kept by a representative, including the form and content of those records;

respecting any notice required or authorized under this Act;

[Not in force. Repealed 2006-33-2.]

defining any word or expression used but not defined in this Act.

[Not in force. Repealed 2006-33-2.]

limiting the application of section 41 according to

respecting conditions or limitations on the operation of the extrajurisdictional representation agreement,

respecting the exercise of powers or performance of duties by a person authorized to act in respect of the extrajurisdictional representation agreement,

respecting the application of any provision of this Act or the regulations to a person acting in respect of the extrajurisdictional representation agreement,

prescribing circumstances in which section 41 does not apply, or ceases to apply, and

deeming extrajurisdictional representation agreements to be agreements made under section 7 or 9 of this Act.

prescribing what being in the presence of another person, as referred to in section 13 (8), means,

respecting the signing, in counterpart, of a representation agreement,

prescribing required qualifications of a witness, and

prescribing additional information that must be included in a representation agreement.

make different regulations for different provisions of the Act, different persons or circumstances or different classes of persons or circumstances, and

establish different classes of persons or circumstances.

was made at any time before the date on which section 35 of the Adult Guardianship Statutes Amendment Act, 2001 comes into force, that date being September 1, 2001, and

would be validly executed in accordance with the requirements of section 13 of this Act as amended by section 35 of the Adult Guardianship Statutes Amendment Act, 2001 had the agreement been executed on or after that date,

the representative

that part of the representation agreement that authorizes the representative to exercise the powers of an attorney is deemed to be an enduring power of attorney under Part 2 of the Power of Attorney Act, and

despite the repeal of section 9 (1) (g) of the Representation Agreement Act, a monitor appointed under that Act for the purposes of monitoring the representative's exercise of the powers of an attorney continues to have all of the powers, and must continue to exercise all of the duties, of a monitor under that Act as it read before the repeal.