British Columbia Law
Representation Agreement BC: What It Is and Why You Need One
A Representation Agreement is one of the most important legal documents a BC adult can have — yet most people don't have one. If you're ever in a situation where you can't make health-care or personal decisions for yourself, this document determines who steps in and what authority they have.
What Is a Representation Agreement?
A Representation Agreement (RA) is a BC legal document that lets you appoint a representative — someone you trust — to make decisions about your health care, personal care, and living arrangements if you become incapable of making those decisions yourself.
It is governed by the *Representation Agreement Act* and comes in two forms:
Section 7 — Standard (Limited) Agreement
A Section 7 RA covers routine personal and health-care decisions. It can be made by adults with limited capacity — the threshold for signing it is lower than for a Section 9 agreement. It may be the right option for someone who currently has some cognitive impairment but can still understand the nature of the document.
Section 9 — Enhanced Agreement
A Section 9 RA grants broader authority, including the right to consent or refuse major health-care decisions, consent to admission to a care facility, and manage certain financial matters related to personal care. It requires full legal capacity to sign and must be witnessed by a qualified witness (a lawyer, notary, or authorized registrar).
What Can a Representative Decide?
Depending on the agreement type, your representative may be authorized to:
- Consent to or refuse medical treatment (including life-sustaining treatment, if granted)
- Choose your living arrangements and care facility
- Make day-to-day decisions about your health and personal routine
- Manage your personal care finances (Section 9 only)
They cannot make decisions about financial and legal affairs (that requires an Enduring Power of Attorney) unless Section 9 specifically grants limited financial authority for personal care expenses.
Who Should You Appoint?
Your representative should be:
- Someone you trust completely
- Someone available and willing to take on the responsibility
- Someone who understands your values and wishes
- Not a paid caregiver (unless they're a close family member)
You can appoint more than one person — to act together or separately. You can also name a backup representative.
What Happens Without One?
Without a Representation Agreement, your family members may not have automatic legal authority to make health-care decisions for you. In some situations, a hospital or care facility can make emergency decisions, but for longer-term or complex care decisions, your family may need to apply to court for a committee order — a time-consuming, expensive process that could have been avoided entirely.
When Should You Make One?
The right time is now — before you need it. A Representation Agreement can only be signed while you have the necessary capacity. Once incapacity sets in, it may be too late. It's particularly important to revisit your planning if:
- You're over 50
- You've been diagnosed with a progressive condition
- You've recently been through a health scare
- You're updating your Will or Enduring Power of Attorney
Getting It Done in BC
A Section 7 RA has flexible signing rules and can be witnessed by a monitor (often a trusted friend or family member who is not your representative). A Section 9 RA requires a lawyer or notary to witness it. Both should be kept in a safe place and your representative should have a copy.
Sea to Sky Law helps BC residents create Representation Agreements as part of a complete personal planning package, typically alongside a Will and Enduring Power of Attorney.
This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.