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A representation agreement is a legal document that lets you appoint someone you trust to make decisions about your health, personal care, and day-to-day affairs if you’re ever unable to make those decisions yourself. If you were in a serious accident or living with an illness that affects your capacity, the person you name would have the authority to speak for you and make sure your care matches what you actually want.
We help clients across the Fraser Valley put a representation agreement in place before it’s needed. Our team prepares the agreement, walks you through what it covers, and schedules a follow-up appointment with one of our lawyers to have it signed properly.
British Columbia recognizes two kinds of representation agreements, and picking the right one depends on your capacity and how much authority you want to grant.
| Section 7 (Standard Powers) | Section 9 (Enhanced Powers) |
Who it’s for | Adults with limited capacity, including those with a mental illness or a condition that affects decision-making | Adults with full mental capacity |
Capacity required | Flexible; does not require the traditional legal test for full capacity | Must understand the nature and consequences of the agreement |
What it covers | Personal care, routine health care, day-to-day financial matters like paying bills, and instructing a lawyer | Broad health and personal care decisions, including consenting to or refusing major medical procedures and end-of-life care |
Common scenarios | An adult with a genetic condition, an acquired brain injury, or a progressive mental illness who can still communicate their wishes | An adult who wants a Section 9 agreement alongside a will and a power of attorney while they still have full capacity |
A Section 7 agreement exists precisely because not everyone meets the strict legal test for capacity, but that shouldn’t mean losing the right to choose who represents you. If an adult can’t meet that traditional standard, a Section 7 agreement offers a way to name a trusted representative without going through adult guardianship, which strips away decision-making rights entirely. A Section 9 agreement, on the other hand, is built for adults who currently have full capacity and want to plan ahead for a time when they might not.
We regularly help clients in a few common situations:
You must be 19 or older to make either type of agreement in BC. Beyond that, the right document comes down to your current capacity and how much authority you want your representative to have.
Setting up a representation agreement with our firm starts with a conversation, not paperwork. Contact our office to book an appointment, and we’ll walk through your situation to confirm which type of agreement fits and who you’d like to name as your representative (and, where the agreement requires one, your monitor). From there, our team prepares the document, and once it’s ready we schedule a follow-up appointment with one of our lawyers so it can be reviewed, signed, and witnessed correctly. We can also talk you through whether registering the agreement with the Nidus Personal Planning Registry makes sense for your circumstances.
Not necessarily. Your next of kin might not be the person best suited to make decisions on your behalf, and if you have more than one close relative, they may not agree with each other or share your values. A representation agreement lets you name the specific person you trust, so there’s no ambiguity when it matters most.
A Section 7 agreement covers personal care, routine health care, and day-to-day financial matters, and is available to adults who don’t meet the traditional legal test for full capacity. A Section 9 agreement is broader, covering major medical decisions and end-of-life care, but requires full capacity to make.
Adults with a condition that affects their decision-making capacity, such as a genetic condition, an acquired brain injury, or a mental illness, but who can still communicate their wishes, are usually better suited to a Section 7 agreement.
It depends on the powers you’re granting and who you name as your representative. In some cases a monitor is required by law; in others, naming a spouse or certain professional representatives removes that requirement. We’ll confirm what applies to your agreement when we prepare it.
Yes. As long as you still have the capacity required for the type of agreement you made, you can amend or revoke it. We can help you update your agreement if your circumstances or your choice of representative change.
Once we understand your situation and who you’d like to name, we prepare the agreement and book a signing appointment with one of our lawyers. Most clients can have their agreement drafted and finalized within a couple of appointments.
Registering with Nidus makes it easier for hospitals and care providers to confirm your agreement exists when it’s needed. It’s not mandatory, but we can help you decide whether it’s worth doing for your situation.
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