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There are some restrictions on the decisions a TSDM can make, compared to a representative. For example, a TSDM can only refuse life support on your behalf if the majority of the medical team agrees. With the Representation Agreement Section 9 (RA9), you can give your representative the final say. Your representative is likely going to know your wishes better than a hospital medical team that has…

Written by Joanne on June 27, 2013Dear Joanne,I do not need any help at this time, but I want to plan for the future and possible incapacity, so I am looking at the Representation Agreement Section 9 for health care. I already have a formal Power of Attorney done for myself and my wife to cover our financial affairs.My question is, do I really need an RA9? I simply want my wife to be my repres…

HOW LONG TO KEEP RECORDS?The RA Act does not say how long a representative must keep records, but you need to keep some kind of records for at least as long as you are in the role of representative.Set up a filing system early on (a binder, envelopes or a drawer – whatever works for you) to keep yourself organized. Ask the monitor to assist you with setting up the system and perhaps with the…

Financial record keeping is your legal duty as a representative, and it is also good practice. It helps keep you organized and confident when you need to follow up on things. Managing the affairs of someone else is an important responsibility, and you need to be able to keep the adult informed and respond to any questions or concerns they may have. If a monitor is appointed in the Agreement, they…

Written by Joanne on December 10, 2013Dear Joanne,As a representative, how detailed do the financial records need to be? For example, do I need to keep a record or receipt if I am a representative and I buy my son some chocolate milk syrup? Is there a certain amount of money that needs to be spent in order to provide a financial statement? How many years do I need to keep records?The Repres…

Written by Joanne on December 19, 2013Dear Joanne,I was just wondering if the attorneys in the Enduring Power of Attorney can be the same people as the representatives in my Representation Agreement Section 9?Yes, many people appoint the same person or people in their Enduring Power of Attorney (EPA) and their Representation Agreement Section 9 (RA9). Often the same person or people are app…

Written by Joanne on February 24, 2014Dear Joanne,Why do I have to have the EPA drawn up by a lawyer or notary public if I am using the government EPA form?My husband and I have prepared our own Enduring Powers of Attorney documents (EPA) using the form published by the Attorney General of BC, September 1, 2011.  We need to have the EPA witnessed by a legal professional for Land Title purpo…

Written by Joanne on April 16, 2014A Representation Agreement is a legal document that appoints someone you trust to be your representative if you need help making decisions.A Representation Agreement: Eases the burden on family and friends – those you choose will have the legal authority to help you and carry out your wishes. Avoids the involvement of government and other authorities in…

Written by admin on October 31, 2014 Supposing that there is a couple with no relatives in Canada and the last person gets senile or both, who will come to look after them—is it the Public Trustee? I mean in the case that one of them still lives in their own home, but is not able to make decisions about their welfare alone.If an adult starts to lose mental capacity to manage his or her affa…