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

Written by Joanne on December 19, 2013

Dear 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 appointed as executor in the Will.

There are some restrictions on who you can appoint in an EPA and an RA. You can NOT appoint someone who is:

• Compensated for providing health care or personal care services to you, unless they are your spouse, parent or child, or
• An employee of a facility where you live and that provides you with health care or personal care services, unless they are your spouse parent or child.

The following qualities were identified in a discussion with adults who were making a Representation Agreement. A good representative is someone who:

• I trust.
• Helps me.
• Respects me.
• Listens to me.
• Knows me.
• Keeps my privacy.
• Understands me.
• Brings out the best in me.
• Is concerned about me and my life.

This question was posed by someone who is planning for the future. They are managing their own affairs now and want to make legal arrangements in case they need help in the future. The EPA and RA9 have specific capability requirements.

If you are helping someone who does not meet the capability requirements to make an EPA or RA9 and needs assistance now with decision making and/or managing their financial affairs, you can help them make a Representation Agreement Section 7 (RA7). The RA7 looks at capability in a different way. An adult may make an RA7 even if they cannot manage their own affairs or make decisions independently.