Does a Representation Agreement with Section 7 Standard Powers
Fit Your Situation?
British Columbia's legislation for personal planning is covered by the Representation Agreement Act
and the Power of Attorney Act. These laws outline the requirements for making legal documents that
you can use to authorize the people you trust and who know you so they can assist you with decision
making and managing your affairs, or if necessary to act on your behalf if you need help due to an
illness, injury or disability.
The legal documents are:
• Representation Agreement with Section 7 standard powers.
• Representation Agreement with Section 9 broader powers.
• Enduring Power of Attorney.
To determine which document to use, you will need to:
1. First consider the competency requirements for each type of document. A Representation
Agreement with Section 7 standard powers is for ALL adults, including those who may be
considered incapable according to the requirements for other legal documents.
2. If your capability is not in question, you can consider all of the legal documents mentioned above
and you will want to focus on what areas of authority each one covers.
Nidus has fact sheets on each of the legal documents listed above. Go to www.nidus.ca - Information
Section.
What is a Representation Agreement with Section 7 standard powers?
A Representation Agreement with Section 7 standard powers, under the Representation Agreement
Act, is unique from other legal documents in at least four ways:
1. It takes a different approach to capability than the traditional one required for other legal
documents. This makes it available to ALL adults in British Columbia, including those who need help
today because their mental competency is in question.
2. It can cover health care, personal care, financial affairs and legal matters in one document;
although other legal documents offer greater coverage in some areas.
3. It has built-in safeguards to ensure the focus is on maintaining and enhancing the adult's selfdetermination.
4. Its development and implementation has been led by citizens and community groups. These groups
set up the non-profit Nidus as a centre of excellence for Representation Agreements.
What is the test of capability to make an Agreement with Section 7 standard powers?
There is no specific competency requirement for making a Representation Agreement with Section 7
standard powers. While other laws focus on the intellectual aspects of competency, the Representation
Agreement Act takes a different view of capability.
Someone may be considered incapable of making a Will or a Power of Attorney yet is capable of
making a Representation Agreement with Section 7 standard powers.
The Representation Agreement Act says an adult (age 19 or older) may make an Agreement with
Section 7 standard powers even if he or she is not capable of managing his or her own affairs or
making decisions about his or her own care.
Please read the Nidus fact sheet Tips for Strengthening a Representation Agreement. to learn more.
We also recommend you watch the Nidus video on Representation Agreements as an alternative to
adult guardianship. You will find this on the Nidus webiste - Self-Help - Videos.
©2011 Nidus Personal Planning Resource Centre. All rights reserved; permission required. This information is for use
in Part One of the Nidus Self-Help Course. Note that this is not legal advice.
Do Standard Powers Fit Your Situation?
What areas of authority are covered under an Agreement with Section 7 standard powers?
A Representation Agreement made under Section 7 of the Representation Agreement Act can include
one or more of the following four areas of authority, called standard powers.
• Minor and major health care
• Personal care
• Obtaining legal services and instructing a lawyer
• Routine management of financial affairs
Please read the Nidus fact sheet on Section 7 standard powers for more details.
What authorities are not covered under an Agreement with Section 7 standard powers?
Refusing life support and dealing with real estate are two examples of broader authorities that a
representative does not have under Section 7.
Under Section 7, the decision to refuse life support would be made by the consensus of the medical
team and family members. It is important that family members are all on the same page with the
adult’s wishes. Be sure to discuss this if it may be an issue. To give your representative the authority to
refuse life support on your behalf, you must make a Representation Agreement with Section 9 broader
powers. You must be mentally competent of understanding this authority and you must consult a
lawyer who will prepare the forms.
Under Section 7, a representative cannot sell the adult's real estate property. This authority is covered
by the Enduring Power of Attorney. What happens if a spouse or parent has advanced dementia and is
not considered mentally competent to make an Enduring Power of Attorney?
It can be very helpful if the adult makes a Representation Agreement with Section 7 standard powers.
The representative can help with paying bills, applying for benefits and signing the homeowner grant.
The real estate property may not have to be sold, or at least not immediately. The adult may be able to
live in the house with private care or it may be rented. If the property does need to be sold, someone
will have to hire a lawyer and apply to Court to be appointed the adult's guardian for financial and legal
affairs (called Committee of Estate). This procedure takes a few months. A Representation Agreement
with financial and legal authority under Section 7 can still be useful in the meantime as noted above.
If the Court appoints someone as a guardian or if the Public Guardian and Trustee takes over the
adult's financial and legal affairs, the financial and legal authority in the Representation Agreement
will no longer be in effect. However, having a Representation Agreement with authority for minor and
major health care and personal care matters will be important to ensure a focus on the adult's quality
of life.
How do you make a Representation Agreement with Section 7 standard powers?
There are no ready-made or 'off-the-shelf' forms for Representation Agreements. Nidus has found
this to be a positive. It allows the form to be customized to the adult's situation, rather than the adult
having to fit into a specific form.
Nidus offers a Self-Help Course for Representation Agreements with Section 7 standard powers which
includes the legal forms, registration with the Nidus Registry and tips for using the Agreement. You do
not need a legal professional in order to make an Agreement with Section 7 standard powers.
Lawyers and notaries public generally may not be able to help with this type of Agreement if the adult's
mental competence may be in question. The rules governing lawyers and notaries require them to take
instructions directly from the adult.
Nidus uses a public legal education and self-help approach so that the adult's personal supporters may
help the adult make an Agreement. See details at the website under Self-Help - RA7 Course.
©2011 Nidus Personal Planning Resource Centre. All rights reserved. Permission required. This information is for use in
Part One of the Nidus Self-Help Course. Note that this is not legal advice.
Do Standard Powers Fit Your Situation?
Who is making Representation Agreements with Section 7 standard powers?
Adults who need help today are making Representation Agreements with Section 7 standard powers.
People who are planning for the future, especially seniors, are also making these types of Agreements.
The following are examples of common situations.
PEOPLE WHO NEED HELP TODAY
I am trying to help my father who recently had a stroke. He has no legal documents in place like a Power
of Attorney and he is not capable of making one now, but I need to pay his bills for the care facility. The
hospital social worker said to call about a Representation Agreement.
My aunt made a Power of Attorney years ago so we are able to look after her finances but there is nothing
in place for health and personal care. She is in Assisted Living and has had a number of falls and she seems
confused more often. They are telling us she needs to go to a care facility.
My daughter was in a car accident and has a brain injury. She is outgoing and a social butterfly; she
uses non-verbal communication and has short term memory problems. The lawyer said to apply to court
for Committeeship [adult guardianship] over her. The Brain Injury Association said the Representation
Agreement is an alternative.
I was referred by Community Living BC and the group home about a Representation Agreement with
Section 7 standard powers for my sister. Our elderly mother assumed she had legal authority and I could
just take over. Now we realize that was never the case.
We are in the process of opening up a Registered Disability Savings Plan for our 20 year old son who has a
developmental disability. But the bank told us that because he is an adult we need legal authority to set up
and manage the RDSP for him. They told us about Representation Agreements.
PEOPLE WHO ARE PLANNING FOR THE FUTURE
My husband is in early stages of Alzheimer’s disease, so we want to make sure everything is in order. We
have sold our property and are living in a retirement centre. We do not have any legal documents in place.
My grandfather is going in for heart surgery. He has already made an Enduring Power of Attorney, but
then I read that it does not cover health care. My grandfather wants to appoint someone to make health
care decisions if he isn’t able to.
I am 82 and in excellent health. I live in a Housing Co-op. I’m on my own since my husband died and I want
to make sure my son and daughter can look after my finances and medical issues if I become seriously ill.
They know what I want and I have talked to my doctor.
©2011 Nidus Personal Planning Resource Centre. All rights reserved. Permission required. This information is for use in
Part One of the Nidus Self-Help Course. Note that this is not legal advice.
Do Standard Powers Fit Your Situation?
What about the other legal documents for personal planning?
People who are considered mentally competent now and want broader powers than those covered
under Section 7 of the Representation Agreement Act can do this in two other documents.
ff A Representation Agreement with Section 9 broader powers can cover all health and personal care
matters, and
ff An Enduring Power of Attorney can cover financial and legal matters.
More about a Representation Agreement with Section 9 broader powers
• The most comprehensive Representation Agreement for health care and personal care will
include both standard powers and broader powers. Broader powers are listed in Section 9 of
the Representation Agreement.
• An example of a broader power is the authority to refuse life support. This gives the
representative the final say even if the doctor or some family members disagree.
• Read the Nidus fact sheet on Representation Agreement with Section 9 Broader Powers. It is
on the Nidus website in the Information Section at www.nidus.ca
• If you are interested in making a Representation Agreement with Section 9 broader powers
please contact a lawyer. The lawyer will prepare the legal form.
• The lawyer must also sign a Consultation Certificate that certifies you appear to understand
the nature of the authorities you are including in your Agreement and the effect of giving
someone the authority to act on your behalf.
• You can prepare for your meeting with the lawyer by reviewing the material on the Nidus
website in the Self-Help Section under RA9 Module.
NOTE – the government has passed changes to the law which will remove the requirement to
consult a lawyer for Agreements with Section 9 broader powers. These changes are to take
effect on September 1, 2011. In the meantime you have three options:
1. go to a lawyer and get it made now; or
2. wait for the change when Nidus will be able to help with forms; or
3. make an Agreement with the standard powers now and make a new Agreement with
broader powers when the law changes.
More about an Enduring Power of Attorney
• An Enduring Power of Attorney covers more financial and legal matters than a Representation
Agreement with Section 7 standard powers. For instance it covers dealing with real estate.
You must be mentally capable to make an Enduring Power of Attorney, for example you
understand the nature of what you 'own and owe' and the effect of giving someone the
authority to manage your affairs.
• Nidus has a fact sheet on Enduring Power of Attorney. It is available on the website in the
Information Section at www.nidus.ca
• Nidus does not have forms for Enduring Power of Attorney. Most people visit a notary public
or a lawyer to make an Enduring Power of Attorney. To find a lawyer, call Lawyer Referral
at 604.687.3221 or 1.800.663.1919. To contact a notary public, call the Society of Notaries
Public of BC at 604.681.4516 or 1.800.663.0343 or www.notaries.bc.ca.
• You can prepare for your meeting with the notary public or lawyer by reviewing the material
on the Nidus website in the Self-Help Section under EPA Module.
411 Dunsmuir Street, Vancouver BC V6B 1X4 | tel 604.408.7414 | t.free 1.877.267.5552
fax 604.801.5506 [email protected] | www.nidus.ca | Nidus is a non-profit charitable organization .