Representation Agreements

A Representation Agreement is a legal document that allows you to appoint someone you trust to make decisions about your health and personal care if you become incapable of doing so yourself. Representation Agreements are a key part of planning for the future, ensuring your wishes are respected and your well-being is protected.

Representation Agreements

Cunningham & Co. can help you prepare and execute Representation Agreements — all remotely and electronically. Our virtual process ensures that you receive the same legal protection and oversight as an in-person appointment, without leaving the comfort of your home.

What is a Representation Agreement?

In British Columbia, a Representation Agreement allows a trusted person, known as your representative, to make decisions on your behalf regarding personal care, health care, and lifestyle matters if you become incapable. They are a key part of planning for the future, ensuring your wishes are respected and your well-being is protected. This is distinct from a Power of Attorney, which only covers financial or property matters. Representation Agreements can cover a wide range of decisions, including:

  • Medical treatment and health care decisions
  • Daily living arrangements, such as where you live and your care needs
  • Social and lifestyle decisions, like activities or personal services
  • And more

At Cunningham & Co., every Representation Agreement is custom-drafted, lawyer-reviewed, and tailored to your personal circumstances, ensuring your wishes are clearly documented and legally enforceable.

Why do I need a Representation Agreement?

Without a Representation Agreement, there may be no one legally authorized to make personal care decisions on your behalf if you become incapable. This can result in:

  • Delays in accessing medical care or personal services
  • Court-appointed guardianship or trustees, which can be time-consuming and stressful
  • Family disputes over your care or lifestyle decisions

A properly prepared Representation Agreement ensures that your preferences are followed and reduces the potential for conflicts or misunderstandings.

The process of drafting a Representation Agreement with Cunningham & Co.

Our process is simple, thorough, and entirely virtual. We will draft you a customized Representation Agreement that complies with BC law and addresses your specific needs. We will also set up a virtual signing session for you with our lawyer and a witness from our firm, ensuring full legal compliance and validity.

By handling everything virtually, you get the same protection, supervision, and lawyer guidance as an in-person meeting, without the inconvenience of travel or office visits.

Who can be my representative?

You may appoint anyone you trust, including a family member, spouse, friend, or professional advisor. Some key considerations include:

  • Choosing someone responsible, reliable, and willing to act in your best interests
  • Avoiding conflicts of interest
  • Naming alternate representatives in case your first choice is unavailable

Should I have both a Power of Attorney and a Representation Agreement?

Yes. Many clients benefit from having both documents:

  • A Power of Attorney which deals with financial and property decisions
  • A Representation Agreement which deals with personal care, health, and lifestyle decisions

Having both ensures that all aspects of your life are protected and that the right person has authority over the right decisions.

Frequently asked questions

  1. Can I make a Representation Agreement on my own?
    Technically yes, but lawyer guidance ensures your agreement complies with British Columbia law and reduces the risk of disputes or challenges.

  2. Can I change or revoke a Representation Agreement?
    Yes, as long as you have capacity, you can revoke or update it at any time. We can help make these changes safely and legally.

  3. How does a Representation Agreement differ from a Power of Attorney?
    A Power of Attorney covers financial and property matters, while a Representation Agreement covers personal care, health, and lifestyle decisions. Many clients have both to ensure full coverage of their needs.

  4. Who should I appoint as my representative?
    Choose someone trustworthy, responsible, and willing to follow your instructions. Consider naming alternates in case your first choice cannot act.

  5. What if I also need a will or trust?
    We can integrate your Representation Agreement into a full estate plan, including wills, Powers of Attorney, and trusts, all tailored to your unique circumstances.

Why should you hire us to draft your Representation Agreement?

Our Representation Agreement are lawyer-drafted, tailored to your unique circumstances, and fully compliant with BC law. Every step is guided by our team, including a virtual signing session with two independent witnesses, so you can have confidence that your instructions will be legally enforceable and respected.

Book a free consultation today to discuss your situation, review your options, and ensure your personal affairs are protected.

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