Representation Agreements

The Health Care (Consent) and Care Facility (Admission) Act provides that if an adult is incapable and does not have a legally appointed substitute (either a committee of person or representative) and there is no relevant advance directive, the health care provider must choose a Temporary Substitute Decision Makers (TSDM) from a list as set out in the legislation.


16   (1)To obtain substitute consent to provide major or minor health care to an adult, a health care provider must choose the first, in listed order, of the following who is available and qualifies under subsection (2):

(a)the adult's spouse;

(b)the adult's child;

(c)the adult's parent;

(d)the adult's brother or sister;

(d.1)the adult's grandparent;

(d.2)the adult's grandchild;

(e)anyone else related by birth or adoption to the adult;

(f)a close friend of the adult;

(g)a person immediately related to the adult by marriage.

(2)To qualify to give, refuse or revoke substitute consent to health care for an adult, a person must

(a)be at least 19 years of age,

(b)have been in contact with the adult during the preceding 12 months,

(c)have no dispute with the adult,

(d)be capable of giving, refusing or revoking substitute consent, and

(e)be willing to comply with the duties in section 19.

(3)If no one listed in subsection (1) is available or qualifies under subsection (2) or if there is a dispute about who is to be chosen, the health care provider must choose a person, including a person employed in the office of the Public Guardian and Trustee, authorized by the Public Guardian and Trustee.

(4)A health care provider is not required to do more than make the effort that is reasonable in the circumstances to comply with this section.

A Representation Agreement is a legal document available to adults in British Columbia for personal planning. It allows you to authorize one or more personal supporters to be your representative to help you manage your affairs and, if necessary, to make decisions on your behalf in case of illness, injury, or disability. A Representation Agreement is the only way you can appoint someone to assist you or to act on your behalf for health care and personal care matters.

With a representation agreement, you can choose someone you trust to be your legal representative, who may make decisions for you if you are incapable of doing so on your own. A representative may be given decision-making authority for your personal care and health care, and, in some cases, the routine management of your financial affairs, including legal matters. That person can be a family member, friend, or someone else.

With the Representation Agreement (Section 9) Form an adult may name a representative to do anything that the representative considers necessary in relation to the personal care or health care of the adult.

With the Representation Agreement (Section 7) Form an adult may name a representative to help make decisions, or make decisions on behalf of the adult, with respect to personal care and health care, the routine management of financial affairs and obtaining legal services for the adult and instructing counsel.

Please contact us to determine the appropriate Representation Agreement for your situation.