When people think about estate planning, they often go straight to wills. But another document that’s just as essential, especially if you want to ensure your personal and health care preferences are respected: the Representation Agreement.
A Representation Agreement is a key part of a well-rounded estate plan in British Columbia. They allow you to appoint someone to make medical, personal and healthcare decisions if you become incapable of doing so. In limited cases, it may include routine financial matters.
In this article, we’ll explain what a Representation Agreement is, the different types available in BC, how they differ from Powers of Attorney, who needs one (hint: it’s more people than you think), and how Simpson Notaries can help you put the right Agreement in place.
What Is a Representation Agreement?
A Representation Agreement is a legal document recognized in BC under the Representation Agreement Act. It allows you, the adult, to appoint one or more people (your “representatives”) to make medical, personal and healthcare decisions on your behalf if you become incapable to make those decisions yourself. This may be due to illness, mental infirmity, accident, age-related decline, or other health conditions.
Unlike a will, which only takes effect after death, a Representation Agreement is focused on your medical, personal and healthcare decisions while you’re still alive but unable to act for yourself. This forward-thinking legal tool is essential for ensuring that your care preferences are honoured and that your loved ones aren’t left to make difficult decisions without guidance. The Representation Agreement provides the legal authority for your representative to work with health professionals and even care homes.
Types of Representation Agreements in BC
Section 7 Representation Agreement
This Representation Agreement is often used by adults who may have reduced mental capacity but still want to designate a trusted person to support them. It can authorize routine financial management such as bill payments, personal care decisions like diet and hygiene, and minor health care decisions such as routine medications or doctor visits.
The key distinction with Section 7 is that it can be created even if the adult does not meet the full capacity required for more complex legal documents and includes a joint representative or a monitor if the Representative is not a spouse. This provision makes estate planning more inclusive and supportive.
Section 9 Representation Agreement
This Representation Agreement is more comprehensive. It allows your representative to make significant decisions about your medical, personal and health care. These may include life support, major surgeries, or decisions related to assisted living and end-of-life care.
A Section 9 agreement requires the adult to have full mental capacity at the time of signing and is usually the preferred choice for proactive planning.
Representation Agreement vs. Power of Attorney
A common area of confusion involves how Representation Agreements compare to Enduring Powers of Attorney (EPOAs). While both allow others to act on your behalf, the focus of each is different.
A Representation Agreement grants authority over medical, personal and health care matters and comes into effect only if you are incapable of making your own medical decisions. In contrast, an Enduring Power of Attorney deals with financial and legal matters and can take effect immediately or upon incapacity.
Having both a Representation Agreement and an Enduring Power of Attorney ensures that you have covered all bases for a complete estate plan.
Why Representation Agreements Matter
Creating a Representation Agreement gives you control over who will speak for you if you become incapable. It removes ambiguity, provides peace of mind, and helps avoid conflicts within families during already stressful times.
Quick decision-making is essential in medical emergencies. If your representatives are legally designated, healthcare providers can move forward without hesitation or legal hurdles. This is particularly important for people in varied family arrangements, such as common-law partners, chosen or blended families, where the default legal hierarchy might not reflect personal relationships.
Moreover, having this document in place ensures that the choices made reflect your personal values, cultural beliefs, and long-term care goals.
Who Should Consider a Representation Agreement?
Contrary to popular belief, these documents are not just for seniors. While they are particularly critical for those diagnosed with progressive illnesses like dementia, they are equally important for younger adults managing chronic health issues, people without close family nearby, members of the LGBTQ+ community who wish to prioritise chosen family, and couples in common-law relationships who want legal recognition for their partners.
By preparing a Representation Agreement early, you ensure that your care and preferences are respected, regardless of what the future holds.
If you have strong views on your medical treatment or personal care, a Representation Agreement helps you make those preferences legally known.
Representation Agreements and Shared Family Planning
One of the most practical benefits of a Representation Agreement is the opportunity it creates for meaningful discussions among family members. These documents can serve as a catalyst for conversations about care expectations, personal values, and how different family members envision support roles.
Families, particularly those in multi-generational households, often navigate complex caregiving dynamics. A Representation Agreement allows everyone to understand and honour the wishes of their loved one while creating a clear structure for support. When done well, this process can bring families closer and reduce confusion during times of uncertainty.
Start the conversation today. A Representation Agreement can help your family plan with clarity and compassion.
How Representation Agreements Support Aging in Place
Many adults express a desire to remain in their homes as they age. Known as “aging in place,” this goal can only be supported when a solid plan is in place to handle future health care decisions. Representation Agreements are central to that planning.
By authorizing someone to advocate for your wishes—whether that means home care, avoiding hospitalization, or transitioning to a preferred assisted living residence—you gain the ability to influence your lifestyle and dignity even in uncertain times. Representation Agreements are particularly powerful for supporting independence while ensuring you’re protected.
A Representation Agreement is a proactive step toward medical decisions on your terms.
Common Misconceptions
Many people mistakenly believe that their spouse or adult children can automatically make decisions on their behalf. In BC, while health care providers may consult a spouse under default substitute decision-maker rules, those individuals may not have the full legal authority to make complex or contested decisions. A Representation Agreement reduces this uncertainty.
Others assume that creating a will is sufficient. While a will governs the distribution of your estate after death, a Representation Agreement ensures your wishes are respected during your lifetime if you become incapable of making your own medical decisions. Still others think they are too young to worry about this kind of planning. But accidents and health emergencies don’t discriminate by age. Having a Representation Agreement in place is a sign of responsible planning, no matter how old you are.
Creating a Representation Agreement in BC
The process is straightforward, but it must meet legal standards. Your Representation Agreement must be in writing, clearly name your representative(s), outline their areas of authority, and be signed in the presence of two witnesses (or one witness as a lawyer/notary). You must also have the legal capacity to sign at the time of execution.
Consulting a Notary or legal professional can help you navigate these requirements with ease. They can also ensure the agreement is properly aligned with your broader estate planning goals, including any existing wills, or powers of attorney.
Consider updating your agreement every few years or after major life changes, such as marriage, divorce, or a significant health diagnosis.
Choosing the Right Representative
Appointing someone to make decisions on your behalf is a deeply personal choice. In BC, you can name one or more representatives, have them act jointly (all must agree), independently (each can act alone), or designate alternate representatives to step in if needed. Each structure has advantages depending on your family dynamics.
A legal professional can help you evaluate the best option based on your relationships, preferences, and medical history. Taking time to consider the practicalities now can save confusion and heartache later. It’s also wise to revisit your Representation Agreement every few years or after any major life change. Relationships, health conditions, and preferences can evolve, and your estate plan should reflect that.
Final Thoughts
A Representation Agreement is not just a formality—it’s a legal safeguard for your voice, your values and beliefs. It ensures that the care you receive aligns with your preferences and that those preferences are carried out by someone you trust.
Planning ahead with a Representation Agreement is one of the most thoughtful gifts you can offer to yourself and your family. It simplifies care, clarifies roles, and reinforces the importance of dignity in decision-making. If you have questions about how to begin or what type of agreement suits your situation, trusted notaries and legal professionals throughout British Columbia—including here in the Fraser Valley—are available to guide you.
Can I revoke a Representation Agreement?
Yes. If you still have legal capacity, you can cancel or revise your Representation Agreement at any time. A notary can help you ensure the revocation is properly documented.
Can I have both a Representation Agreement and a Power of Attorney?
Absolutely. Each serves a different purpose. Together, they provide comprehensive coverage for both personal care and financial decision-making.
What happens if I don’t have a Representation Agreement and I become incapacitated?
Without a Representation Agreement, health care providers follow BC’s legal hierarchy of substitute decision-makers. This may not reflect your wishes and can lead to disputes among family members.
Is a Representation Agreement valid outside British Columbia?
No. Representation Agreements are specific to BC law. If you frequently travel or live elsewhere part-time, you should speak with a legal professional about additional planning.
Do I need a lawyer to make a Representation Agreement?
No. You can work with a notary public, who is fully qualified to help prepare and witness this document. Many clients find notaries to be a more accessible and cost-effective choice.
Yes. If you still have legal capacity, you can cancel or revise your Representation Agreement at any time. A notary can help you ensure the revocation is properly documented.
Absolutely. Each serves a different purpose. Together, they provide comprehensive coverage for both personal care and financial decision-making.
Without a Representation Agreement, health care providers follow BC’s legal hierarchy of substitute decision-makers. This may not reflect your wishes and can lead to disputes among family members.
No. Representation Agreements are specific to BC law. If you frequently travel or live elsewhere part-time, you should speak with a legal professional about additional planning.
No. You can work with a notary public, who is fully qualified to help prepare and witness this document. Many clients find notaries to be a more accessible and cost-effective choice.
