«

»

Pro
16

Section 9 deals with atypical representation agreements for all issues related to personal care and health care. Section 10 states that to conclude this type of agreement, you need to understand the nature and consequences of the document when you meet with it. Under this type of agreement, you can give general or specific powers. A representative with general authority may approve or deny health care, including the health care needed to sustain life. With a replacement agreement, you have a say in people who make personal and health decisions for you if you become incapable. You may be able to reduce the burden on your family and friends. And you can avoid the government being involved in your personal and medical choices. Your representative must also keep a thorough record of the activities carried out on your behalf and provide you with the recordings, to you, your monitor and/or to the public custodian and agent upon request. If your representative has the right to carry out your financial affairs in your representation contract, he or she must normally separate your assets from his or hers. As mentioned above, in a representation agreement, you can give your representatives the power to handle your personal and health affairs as well as your legal and routine financial affairs. Under the current BC Act, representation agreements can also cover important financial matters such as the purchase or sale of real estate.

You can indicate in your representation agreement what your representative must respect when making decisions on your behalf and when and under what circumstances the agreement must enter into force. The main function of representation agreements is to appoint a representative with the legal authority to make health and care decisions on behalf of the adult who makes the agreement. The agreement could define all the maintenance requests for the heather that the adult wishes to satisfy. The representative can make these decisions if the adult who makes the agreement loses the ability to communicate or make those decisions. For a representation agreement (section 7) to be effective, if any, the following certificates must be completed: any adult aged 19 and over who is able to enter into a representation agreement can do so. Mental capacity is the ability to make sound decisions. A capable person must understand the context or nature of a decision and appreciate the possible consequences of a decision. Under THE BC act, every adult is capable of abilities. This means that, as long as there is no other evidence, a court considers that a person is in a position to make his or her own medical and financial decisions.

It is important to note that capacity is a legal term and applies to the particular decision that needs to be made. Some people with reduced capacity may not be able to make some decisions, but may be able to make others. For example, someone may have a cognitive deficit that prevents them from making financial decisions, but they may still be able to make health decisions.