Incapacity Planning

The process of thinking about, and writing down, your wishes or instructions for future health care treatment in the event you become incapable of deciding for yourself. An advance care plan (or advance directive) is a legal document your family and health care providers can use to ensure your wishes are followed.

https://www2.gov.bc.ca/gov/content/health/managing-your-health/incapacity-planning

Advance Care Planning

Adult’s may name a representative to help make decisions, or make decisions on behalf of the adult, with respect to personal care and health care, the routine management of financial affairs and obtaining legal services for the adult and instructing counsel.

https://www2.gov.bc.ca/gov/content/family-social-supports/seniors/health-safety/advance-care-planning

Representation Agreement Forms
Which forms do I need?

There are two broad categories of Representation Agreements:

Section 9 Representation Agreement (RA9): For adults who are ‘competent’ to understand

  • To make the RA9, an adult must be cognitively capable to understand what a RA9 is for and what it covers. They must also understand the consequences of making a RA9.
  • If there are questions about cognitive ability, see the RA7.(next).
  • The traditional (cognitive) approach to capability also applies to: making a contract, making types of power of attorney, making a Will.
  • The RA9 is governed by the Representation Agreement Act of BC and covers health care and personal care matters.
  • BC’s RA9 is a complement to BC’s Enduring Power of Attorney, which covers legal and financial matters.

Section 7 Representation Agreement (RA7): For adults whose mental capability to understand is in question

  • A Representation Agreement with authorities from section 7 of the Representation Agreement Act takes a more inclusive approach to capability.
  • An adult may make Representation Agreement with some or all four authorities from section 7, even if the adult’s cognitive capability to ‘understand’ is in question.
  • To date, the RA7 approach to capability only exists in British Columbia. All political parties in BC, along with human rights lawyers, social workers and community organizations supported the RA7.
  • The RA7 accommodates adults with cognitive difficulties. It’s about accessibility and equity.

 For all Representation Agreements:

You must be 19 years of age or older to make a Representation Agreement in BC.

medical assessment or legal professional is not a requirement under the law for making any type of Representation Agreement.

For detailed information on filling out RA7 and RA9 applications, related forms and registering wills and forms:

Nidus Personal Planning Resource Centre and Registry