A representation agreement in BC lets you appoint someone you trust to help make decisions or make decisions on your behalf. It can protect you if an illness, injury, disability, or cognitive decline affects your ability to manage your own health care or personal care.
While a will deals with your property after death, a representation agreement applies during your lifetime. It can give a family member or trusted friend clear legal authority to support you and speak on your behalf when needed.
Quick answer: A Section 7 representation agreement can cover personal care, routine finances, legal matters, and most health care decisions. A Section 9 agreement provides broader authority over health and personal care, including the ability to refuse health care needed to preserve life. Neither replaces an enduring power of attorney for broader financial and legal matters.
What Is a Representation Agreement in BC?
A representation agreement is a legal document created under BC’s Representation Agreement Act. The person making the agreement is called the adult. The person appointed to assist or act is called the representative.
A representative may be authorized to help the adult make decisions, make decisions on the adult’s behalf, or both. The exact authority depends on the wording of the agreement and whether it is made under Section 7 or Section 9 of the Act.
A spouse, adult child, sibling, or trusted friend may be appointed. An adult can also appoint more than one representative and assign different responsibilities to each person. Special restrictions apply to paid caregivers and employees of facilities where the adult lives, unless that person is the adult’s spouse, parent, or child.
Section 7 vs Section 9 Representation Agreements
BC has two main types of representation agreement. They differ in the decisions they cover and the level of understanding required to make them.
Section 7 Representation Agreement
A Section 7 representation agreement, sometimes called an RA7 or Rep 7 agreement, uses the standard powers permitted by the Act. It is often used when an adult needs help now or may not meet the capacity test required for a Section 9 agreement or an enduring power of attorney.
A Section 7 agreement can authorize a representative to assist with or make decisions about:
- Personal care, including diet, dress, shelter, work, activities, and social contact
- Routine financial affairs, including paying bills, receiving income, making necessary purchases, and handling permitted investments
- Major and minor health care, subject to the limits in the Act
- Obtaining legal services and instructing a lawyer in many types of legal proceedings
A Section 7 representative cannot be authorized to refuse health care necessary to preserve the adult’s life. The representative also cannot override the adult’s objection by physically restraining, moving, or managing the adult.
Routine financial authority is narrower than the authority normally granted through an enduring power of attorney. A Section 7 agreement does not generally allow a representative to buy or sell real estate for the adult.
Section 9 Representation Agreement
A Section 9 representation agreement, also called an RA9 or Rep 9 agreement, can provide broader authority over health care and personal care. It is commonly used by adults planning for a possible future loss of capacity.
Depending on its wording, a Section 9 agreement may authorize a representative to:
- Consent to or refuse health care, including health care needed to preserve life
- Decide where and with whom the adult will live, including admission to a care facility
- Make decisions about work, education, social activities, diet, and dress
- Decide who may have contact with the adult
- Authorize another person to physically assist, move, or manage the adult when necessary to provide authorized care, even if the adult objects at that time
- Make temporary arrangements for the care and education of the adult’s minor children, if that authority is expressly included
A Section 9 agreement does not provide general authority over the adult’s finances. An enduring power of attorney in BC is usually prepared separately for financial and legal affairs.
Section 7 and Section 9 Compared
| Feature | Section 7 | Section 9 |
|---|---|---|
| Capacity test | Flexible test based on the adult’s communication, preferences, awareness, and relationship of trust | The adult must understand the nature and consequences of the proposed agreement |
| Personal care | Yes, within the standard powers | Yes, with broader powers available |
| Health care | Major and minor health care, with limits | Broad health care authority |
| Refusal of life-preserving health care | No | Yes, if health care authority is granted |
| Routine finances | Yes, if included | No |
| General financial authority | No | No |
| Monitor | Required for some routine financial arrangements | Not required by the Act |
| Typical use | Support now or planning where the lower capacity test is needed | Broader advance planning for health and personal care |
Who Can Make a Representation Agreement?
BC law presumes that every adult is capable of making, changing, or revoking a representation agreement unless the contrary is shown. A person’s way of communicating is not, by itself, a reason to find that person incapable.
Capacity for a Section 7 Agreement
An adult may be able to make a Section 7 agreement even if they cannot make a contract, manage their own health or personal care, handle routine finances, or manage legal matters.
The assessment considers the adult’s circumstances as a whole, including whether the adult:
- Communicates a desire to receive help with decisions
- Expresses choices, preferences, approval, or disapproval
- Understands that the representative may make decisions affecting them
- Has a relationship of trust with the proposed representative
This flexible test can make a Section 7 agreement an option for some adults with developmental disabilities, acquired brain injuries, or cognitive decline. A diagnosis of dementia does not automatically determine whether an adult can make an agreement.
Capacity for a Section 9 Agreement
To make a Section 9 agreement, the adult must understand the nature and consequences of the proposed agreement. This includes understanding the types of decisions the representative may make and the possible effects of granting that authority.
Planning early can preserve more options. If capacity is uncertain, legal advice can help determine whether a Section 7 or Section 9 agreement is suitable.
Representation Agreement vs Power of Attorney
A representation agreement and a power of attorney serve different purposes.
| Document | Main purpose | Appoints another person? |
|---|---|---|
| Representation agreement | Health care and personal care, plus limited financial and legal powers under Section 7 if included | Yes, a representative |
| Enduring power of attorney | Broader financial and legal affairs | Yes, an attorney |
| Advance directive | Written consent to or refusal of specific future health care | No |
| Will | Distribution of property and other instructions after death | Yes, an executor |
Many adults prepare a Section 9 representation agreement and an enduring power of attorney together. The representation agreement covers health and personal care, while the enduring power of attorney covers finances and legal matters.
These documents should also be coordinated with the adult’s will. Reviewing them together can help avoid gaps, inconsistent instructions, and the common mistakes found in BC wills.
Representation Agreement vs Advance Directive
An advance directive records a capable adult’s consent to or refusal of specific health care for a future time when the adult cannot provide consent. It gives instructions directly to health care providers but does not appoint a person to make decisions.
A representation agreement appoints someone to assess the circumstances and make decisions within the authority granted. This can provide more flexibility when a medical situation could not have been predicted in detail.
Some adults have both documents. Careful drafting is needed so health care providers and the representative can understand which document applies. The Province of British Columbia provides more information through its incapacity planning resources.
When Does a Representation Agreement Take Effect?
A representation agreement normally takes effect when it is properly executed. The agreement may instead state that all or part of it will take effect later when a specified event occurs.
If the agreement uses a future event, it must explain how the event will be confirmed and who will confirm it. This detail matters because unclear activation terms can delay a representative’s ability to act.
An agreement taking effect immediately does not remove the adult’s right to make their own decisions while capable. A capable adult may continue to do anything they have authorized their representative to do.
Is a Monitor Required?
A monitor oversees the representative and can request records or raise concerns with the Public Guardian and Trustee.
A monitor is generally required when a Section 7 agreement gives one representative authority over routine financial affairs. There are exceptions, including when:
- The representative is the adult’s spouse, the Public Guardian and Trustee, a trust company, or an eligible credit union
- Two or more representatives hold the routine financial authority and must act unanimously
A monitor is optional when the agreement does not contain financial authority requiring one. If a required monitor is omitted, the routine financial provision may be invalid.
How to Make a Representation Agreement in BC
A representation agreement must be in writing and meet the requirements of the Representation Agreement Act. The BC government publishes forms for Section 7 and Section 9 agreements, but the Act states that use of the government’s agreement forms is optional. Required certificates and signing rules must still be completed correctly.
Choose the Appropriate Agreement
The right agreement depends on the adult’s capacity, the decisions that need to be covered, and whether routine financial assistance is required. The broadest document is not automatically the best choice.
Choose the Representative Carefully
A representative should understand the adult’s wishes, values, and beliefs. The person should also be willing to consult with the adult, keep appropriate records, and act honestly and in good faith.
Follow the Witnessing Rules
The adult’s signature generally requires two witnesses. Only one witness is needed if that witness is a BC lawyer or a member in good standing of the Society of Notaries Public of British Columbia.
A representative, alternate representative, or certain relatives and employees of a representative cannot act as a witness. Witnesses must be at least 19 and able to understand the adult’s method of communication, with interpretive assistance permitted in some circumstances.
Section 7 agreements also require prescribed certificates from the representative and witnesses. A monitor must complete a certificate when one is appointed.
Store Copies Where They Can Be Found
Give copies to the representative and alternate representative. It may also be helpful to tell close family members and health care providers where the agreement is stored.
Registration is not required for validity. Adults may choose to store a copy in the Nidus Personal Planning Registry, a centralized online registry for personal planning documents.
What Happens Without a Representation Agreement?
If an adult becomes incapable of making a health care decision and has no representative or applicable advance directive, a health care provider may select a temporary substitute decision-maker under BC law.
The law uses a ranked list that begins with a court-appointed committee, followed by a spouse, adult child, parent, sibling, and other qualified people. Being the adult’s closest relative does not provide general authority over all health, personal, financial, or legal matters.
A temporary substitute decision-maker is usually selected for the health care decision at hand. They do not receive the broader, continuing personal care authority that can be granted through a representation agreement.
If ongoing authority is required and no valid planning document is available, a family member or another person may need to apply to the BC Supreme Court to become the adult’s committee under the Patients Property Act. Court proceedings can take time, involve legal and medical evidence, and remove the adult’s ability to choose who will act.
Frequently Asked Questions
What is the difference between a Section 7 and Section 9 representation agreement?
A Section 7 agreement uses standard powers and has a flexible capacity test. It may cover personal care, major and minor health care, routine finances, and some legal matters. A Section 9 agreement requires the adult to understand the nature and consequences of the agreement and may grant broader health and personal care authority, including authority to refuse health care needed to preserve life.
Can a Section 7 representative make major health care decisions?
Yes. A Section 7 agreement may authorize a representative to make both major and minor health care decisions. It cannot authorize the representative to refuse health care necessary to preserve the adult’s life or override the adult’s objection through physical restraint or management.
Can a representation agreement cover financial decisions?
A Section 7 agreement can include routine financial matters such as paying bills, receiving income, and making necessary purchases. It does not replace an enduring power of attorney for broader financial and legal authority. A Section 9 agreement does not grant financial authority.
Can someone with dementia make a representation agreement?
Possibly. A diagnosis of dementia does not automatically prevent an adult from making an agreement. A Section 7 agreement has a flexible capacity test that considers the adult’s communication, preferences, awareness, and relationship of trust. A Section 9 agreement requires the adult to understand the nature and consequences of the proposed agreement. Capacity must be assessed based on the individual circumstances.
Does a representation agreement need to be registered?
No. Registration is not required for a representation agreement to be valid. An adult may choose to store a copy in the Nidus Personal Planning Registry so it can be located more easily when needed.
Can an adult have both a representation agreement and a power of attorney?
Yes. Many adults have both. A representation agreement covers health and personal care, while an enduring power of attorney provides broader authority over financial and legal affairs. The documents should be prepared or reviewed together so their terms do not leave gaps or create confusion.
Put the Right Planning Documents in Place
A representation agreement allows an adult to choose who will provide support and make decisions if help is needed. Preparing the agreement before a crisis can reduce uncertainty for family members and help preserve the adult’s wishes and personal control.
If you need help choosing between a Section 7 and Section 9 agreement or coordinating one with a power of attorney and will, contact Sunny Tathgar. Tathgar Law assists clients in Victoria, Langford, Sooke, Duncan, Nanaimo, and communities across Vancouver Island with practical estate planning advice.
This article provides general information about representation agreements in British Columbia. It is not legal advice. The right documents depend on the facts of each situation.
