Can a Representation Agreement still be made if the person is ill?
Written by Joanne on February 19, 2015
Can the RA still be made if the person is ill? However, mentally-wise, they are perfectly aware of their own intentions.
Yes, a Representation Agreement can be made if a person is ill. Sometimes people are in hospital. If the person understands their situation and the effect of making an Agreement they will make a Representation Agreement Section 9 (RA9) for health and personal care matters.
If the person’s mental capability is in question (even if they are under the Mental Health Act) they may make a Representation Agreement Section 7 (RA7).
Making a Representation Agreement during a health crisis can be very difficult. It may be hard to find qualified and willing witnesses, the person’s health status may change quickly and it can take time to get all the necessary signatures for a valid document.
Nidus is trying to educate the public so they can prepare a Representation Agreement BEFORE a crisis happens. You can always cancel (revoke) your Agreement and make a new one if circumstances change.
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