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Dec 2, 2015

Can an adult still act if they have a Representation Agreement?

From a Health Care Provider Written by Joanne on April 30, 2013Dear Joanne,If a capable adult signs a Representation Agreement appointing one of his or her children as a representative, and there is a disagreement between the adult and the representative, can the family member’s wishes override the wishes of the adult?  For example, if an adult’s Occupational Therapist recommends a piece of…

Dec 2, 2015

Enduring Power of Attorney: Not for Health Care

Written by Joanne on January 3, 2013Why do people continue to believe that an Enduring Power of Attorney covers decisions about health care?This question highlights one of the persistent myths about Power of Attorney and Enduring Power of Attorney. These documents can give authority for someone to act on your behalf for financial and legal affairs. Only a Representation Agreement can give a…

Dec 2, 2015

Why don’t institutions like Canada Revenue know about Representation Agreements?

Written by Joanne on June 10, 2013Dear Joanne,In 2012 my Mother appointed me as a representative under a Representation Agreement Section 7 (RA7). It was decided this was the most comprehensive document to obtain as she requires assistance to manage her finances, personal care and healthcare decisions. She is elderly and is in the early stages of dementia. She has no real estate or assets. …

Dec 2, 2015

Why do I need a Representation Agreement for health care if I have a spouse and adult child? Are they not the default? – 2

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 h…

Dec 2, 2015

Why do I need a Representation Agreement for health care if I have a spouse and adult child? Are they not the default?

Written by Joanne on June 27, 2013 Dear 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 repr…

Dec 2, 2015

How detailed do the financial records need to be? – 3

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 th…

Dec 2, 2015

How detailed do the financial records need to be? – 2

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, th…

Dec 2, 2015

How detailed do the financial records need to be?

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 Repr…

Dec 2, 2015

Can you appoint the same person in your EPA and your RA9?

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 a…

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