Representation Agreements

Representation agreements are tools that permit you to grant someone the legal authority to make decisions on your behalf. There are two kinds of representation agreements under B.C. law: a "section 7" agreement, which grants limited financial authority, and a "section 9" agreement, which grants authority over health and personal care decisions.

The law on representation agreements changed in 2011. If you have an existing representation agreement, it may be advisable to have it reviewed by a lawyer. If your estate planning process is just beginning, the lawyers at Goluboff & Mazzei can help you assess the potential benefits for you of a representation agreement.

Limitations Of Representation Agreements

A section 7 representation agreement can grant someone only limited financial authority. It may be for things such as paying bills, opening bank accounts, purchasing home insurance, filing income tax returns, converting RRSPs into RRIFs, retaining legal counsel and other matters. If you want to grant someone broad powers to take care of your finances or legal affairs, you must appoint that person as your attorney under a power of attorney.

A section 9 representation agreement gives someone the power to make choices about your personal care and health care. This agreement may be broad in scope or limited to only certain choices you permit the representative to make on your behalf. Consent for major or minor surgery, diagnostic testing, critical illness treatment and health care necessary to sustain life may all be part of a section 9 agreement if you choose. Some choices are not permitted to be a part of such an agreement; these exclusions can be discussed with your lawyer.

A section 9 agreement is distinct from an advance directive, also known as a living will, which outlines your wishes when it comes to your end-of-life health care.

Consult With Us About Your Estate Issues

Our West Vancouver lawyers prepare representation agreements on a regular basis; we can give you the information you need to choose a person to act in these roles. During a consultation, we can also discuss how these agreements work together with other estate planning tools, and what combination is right for you.

To arrange a meeting, call us at 604-925-6900 in West Vancouver and the Lower Mainland or 800-815-5894 toll free in British Columbia. You can also send us an email.