One way or another, because you don`t have a say, the chosen person may not be there if you want to manage your business. Permanent powers (which cover financial and legal matters) and representative agreements (which can cover financial, personal and/or health issues) are relatively simple planning tools that can ensure that people of your choice are able to fit easily into your shoes and manage your affairs if you are unable to do so without going through the legal process. Contains information about representation agreements in general, and the page menu on the page contains a RA 7 fact sheet, a RA 9 fact sheet, a list of resources and links. A representation agreement is a legal planning document that allows you to choose the person or person who makes decisions that are important to you or assists you in making decisions when you are no longer able to make decisions yourself. The person you choose is called your “representative.” 3. An adult who is not required to designate a monitor under subsection 1 may choose to designate, in a representation agreement, a person who meets the requirements of the subsection (4). (e.1) ask the Tribunal that a representation agreement not be invalid because of a single defect in the performance of the contract; Any adult aged 19 and over who is able to enter into a replacement agreement can do so. Mental capacity is the ability to make sound decisions. A capable person must understand the context or nature of a decision and appreciate the possible consequences of a decision. Under THE BC act, every adult is capable of abilities. This means that, as long as there is no other evidence, a court considers that a person is in a position to make his or her own medical and financial decisions. It is important to note that capacity is a legal term and applies to the particular decision that needs to be made.
Some people with reduced capacity may not be able to make some decisions, but may be able to make others. For example, someone may have a cognitive deficit that prevents them from making financial decisions, but they may still be able to make health decisions. Your representative is required to act honestly and in good faith, to exercise due diligence, diligence and ability of a reasonable person, to exercise caution and to act within the authority specified in the representation agreement. 9 (1) In a replacement agreement under this section, an adult may, subject to subsections 2 and 3, authorize his representative (12) A person who will or could be the beneficiary of the adult`s estate after the death of an adult therefore has no conflict of interest with the adult.