Representation agreements and temporary substitute decision makers

Recorded on May 12, 2022

[1:50:27] This session focused on what a representation agreement is, the types of representation agreements, considerations for clients hoping to execute one, and what happens when a client cannot execute a representation agreement. Kelly discussed capacity assessments and requirements for the different representation agreements, as well as the type of instructions a client can make. She also discussed considerations to have clients consider, such as who to appoint, impacts of the appointment, and what range of decisions the client may want their representative to be able to make. She also gave a brief overview of the Health Care (Consent) and Care Facility (Admission) Act and how this legislation interacts with the Representation Agreement Act.


Presentation materials (PDF download)


00:00 Introduction

04:55 Defining capacity within the legal sector

14:16 Difference between representation agreements and power of attorney

15:59 Overview of Section 7 and Section 9 Representation Agreements

25:52 Are living wills a legal document in BC?

27:18 Differences between Section 7 and Section 9 Representation Agreements

29:14 Issues from the legal perspective

32:45 Who makes the care decisions?

35:34 Does an advance directive supersede a Representation Agreement?

38:31 The Representative

45:47 Are power of attorneys from other provinces considered legal documents in BC?

48:40 Should social workers be involved in facilitating a Power of Attorney or Representation Agreements for patients?

52:45 What is the role of a second representative and a monitor?

54:17 Who can type up a Section 7 or Section 9 Representation Agreement? How many witnesses are required to sign?

59:40 Changes to agreements

1:02:24 Witnesses, witnessing, and virtual signing

1:13:36 Supporting family members in their roles as representatives

1:18:58 Does a Power of Attorney need to be notarized or signed by a lawyer?

1:19:36 When does the Power of Attorney end?

1:20:08 Do lawyers keep a copy of the Enduring Power of Attorney?

1:21:44 Who is the Temporary Substitute Decision Maker (TSDM)?

1:27:47 The difference between a TSDM and a Committee

1:33:50 More questions from audience

1:38:20 Defining the "family member"

1:39:46 Summary

1:45:20 Closing



Kelly Melynk, Supervising lawyer, TRU Law Clinic



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