Who can be a witness for a Representation Agreement? Can a monitor be a witness?

Written by Joanne on March 24, 2015

The Representation Agreement Act outlines the requirements for witnessing a Representation Agreement. The following information applies to a Representation Agreement made under Section 9 (RA9) and under Section 7 (RA7).

Whose signature needs witnessing?

The first thing to know is that only the adult’s signature has to be witnessed for a Representation Agreement. The adult and witness(es) must be together at the same time and watch each other sign. (The adult refers to the person who the Agreement belongs to.)

A representative, alternate and monitor (if named) will have to sign some paperwork but they do not need witnesses for their signatures. They can sign any time later and they do not have to be in the room at the same time as the adult or each other.

How many witnesses do you need?

• ONE IF USING A LEGAL PROFESSIONAL
  If you hire a lawyer or a notary public (under the Society of Notaries) to draft your Agreement, the lawyer or notary public can also witness your (the adult’s) signature. The law says that if a legal professional is your witness, only one witness is required. The legal professional must be either:

1. A lawyer, or
2. A member in good standing of the Society of Notaries Public.

 For a Representation Agreement under Section 7, the legal professional must sign a Certificate of Witness (Form 4 – Part 1).

• TWO IF USING A SELF-HELP APPROACH
  A legal professional is not required for making a Representation Agreement. You can use a self-help approach and Nidus provides legal RA9 and RA7 forms that you can use. These meet the requirements of the law and have been reviewed by legal professionals.

If you do not hire a lawyer or notary public to make a Representation Agreement, the law says two people must witness your (the adult’s) signature. Read the next heading for qualifications.