Representation Agreements

Helping You Choose the Best Person to Represent Your Wishes

A representation agreement is a legal document through which you can appoint a person who will have the authority to represent you and make decisions regarding medical, health, and personal care, if you become unable to decide on your own behalf.

For example: if you happen to be in a coma, your appointed representative will have the authority to be your voice and ensure you get the best possible care.

Types of Representation Agreements

There are two types of representation agreements:

The Enhanced Powers Representation Agreement (or section 9 agreement) is a legal document in which you can appoint a trusted individual to make major health and personal care decisions on your behalf. Under this document, decisions may be made by your representative regarding authorization or refusal of resuscitation, life support, and less common medical procedures.
The Standard Powers Representation Agreement (or section 7 agreement) is a legal document that gives people with limited capacity the ability to appoint an individual to make decisions regarding personal care matters, such as living arrangements, and to deal with simple legal affairs or routine financial affairs. Examples of situations where such a document could be necessary include adults with certain mental illnesses or genetic conditions that limit their capacity.

Please contact our office to set up an appointment to provide instructions for your representation agreement. Our team will handle preparing the representation agreement before scheduling a follow-up appointment with one of our lawyers to have the representation agreement signed.

Frequently Asked Questions

Why do I need a representation agreement? Are next of kin not consulted in a medical emergency if I am not capable?

You need a representation agreement if you want a specific person to make medical decisions on your behalf. Your next of kin may not be the most suitable person. If you have more than one person representing you as next of kin, they may not agree with each other, or their values and beliefs may be not the same as yours.

What is the difference between a section 7 representation agreement and a section 9 representation agreement?

A section 7 representation agreement covers medical and personal care decisions, as well as day-to-day financial decisions, and is mostly intended for people with limited capacity. The legal criteria that a person needs to meet in order to be able to make a section 7 (Standard Powers) representation agreement are very flexible and not as strict as those required for a section 9 (Enhanced Powers) representation agreement. Section 9 agreements are intended to be used by fully capable adults and includes authority only for medical and healthcare matters.

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