Do I need to make a power of attorney or a representation agreement?

Last reviewed December 2024 by the Clicklaw editors

When planning for your future care and decision-making, choosing a power of attorney or making a representation agreement can be important steps. But what are they and how do you know which one you need?

Most people have heard the term power of attorney but may not know how it’s different from an enduring power of attorney, or what a representation agreement does. This page will provide an overview of these types of future representation to help you make an informed decision. Note that these are all personal planning documents, which are only in effect while you’re still alive and have nothing to do with your will or probating your estate after you die.

Another type of personal planning document not explored on this page is an advance directive or living will, a legal document that records your instructions to accept or refuse specific health care treatments. People’s Law School and Nidus both have very useful pages on advance directives if you’re interested in creating one.

Enduring power of attorney — for financial and legal decisions

When you create an enduring power of attorney (EPA), you’re letting someone make decisions on your behalf only about your financial and legal affairs, including about your property or business. An EPA can’t make decisions related to your health care.

“Enduring” means that the person can continue to act on your behalf even if you become mentally incapable of managing your own affairs. If the power of attorney is not enduring, then their role will automatically end if you become incapable.

The EPA document must be clear about whether the attorney can act while you’re still capable, or only if you become incapable, or while you’re still capable and continuing if you become incapable (what makes it “enduring”). You can also limit the attorney’s role to handle specific matters.

If your power of attorney was created before September 1, 2011 (when this enduring requirement came into force), you may want to have it reviewed to ensure that your attorney will continue to have authority over your financial and legal affairs if you become incapable.

Nidus’s page Enduring Power of Attorney (EPA) explains what is required to make an EPA. When it’s created, you must be “capable” and understand the following:

  • What you own and the approximate value.
  • Your obligations to your dependants, such as to your children under 19.
  • The person you appoint can conduct any financial and legal affairs (except make a will) on your behalf that you would do if you were capable.
  • It’s possible that the person you appoint can misuse their authority or decrease the value of what you own if they don’t manage your affairs responsibly.
  • You may revoke (cancel) the EPA at any time while you’re still capable.

You can appoint more than one attorney. If you give them the same authority, they must agree on their decisions unless you specify in the document that they don’t need to or describe how conflicts should be resolved. Alternatively, you can make one of them an alternate and describe when they are to act.

Representation agreements — for health care and personal care decisions

A representation agreement (RA) authorizes someone else to make health care and personal care decisions on your behalf. A representation agreement doesn’t give someone authority over your finances (with some exceptions in the case of an RA7).

Making someone your representative is an incredibly important decision. It should be someone you literally trust with your life, who will act only in your best interests, and who can handle the responsibility.

Representation agreements in BC are governed by BC’s Representation Agreement Act. RA9s and RA7s are named after sections in the act. Not every provision allowed under the law is automatically included in an RA9 or RA7, so make sure that the version you create includes everything you want to include.

RA9

A section 9 representation agreement (RA9) is the most comprehensive type of representation agreement. It gives someone else broad and sweeping authority over your health care and personal care matters. An RA9 can only be created by someone who is capable or competent to understand the nature of what they’re granting, what the document covers, and its consequences.

An RA9 doesn’t include anything about managing your financial or legal affairs, because if you’re making an RA9, you’re capable of making an enduring power of attorney (EPA).

RA7

A section 7 representation agreement (RA7) is a more limited version, but it can be created if the person’s cognitive ability to “understand” the agreement is already in question.

The RA7 can include some routine authority over financial and legal matters to ensure the care and safety of someone who may not have created an EPA.

Under an RA7, the representative can manage the following:

  • A range of health care decisions
  • Personal care matters
  • Bill payments
  • Your income and pensions
  • Buying you food, shelter, or other services
  • Making investments
  • Some legal affairs (but not wills or divorce)
  • Admitting you to some care facilities

For an RA7 to be effective, you must fill out the relevant certificates, which are in the schedule of the Representation Agreement Regulation. A notary or lawyer can help you determine which certificates you need.

How to make a representation agreement

Like wills and enduring powers of attorney, representation agreements can be made by a notary or lawyer. (See “Services BC Notaries Provide” and tips on finding a lawyer in BC.)

If you want to make your own, you can use the forms provided by Nidus. On this page you can download the forms themselves, as well as FAQs for each type of form.

Committeeship (adult guardianship)

There are cases where someone is already incapable, hasn’t made an RA9 or EPA in the past, and needs help making decisions but an RA7 isn’t enough. If you want to take on the responsibility of making decisions for the incapable person, you have to ask a judge to grant a committeeship (pronounced CAW-mi-tee-ship). This gives you complete decision-making control via a petition in court. You can ask to be:

  • A committee of person — to make personal and medical decisions
  • A committee of estate — to make financial and legal decisions

For more details, see People’s Law School and the Public Guardian and Trustee website.

You can’t seek a committeeship for a minor. Minors are already considered incapable of managing their own affairs, and there are mechanisms in place for them.

Helpful resources

  • Health & Personal Care (People’s Law School): These are a series of pages about future planning.
  • Information and Resources (Nidus): This website about personal planning in BC offers comprehensive guides, fact sheets, and links to forms.

Helpful services

  • Elder Law Clinic (Seniors First BC): They offer free legal advice related to advance planning documents in several locations in Metro Vancouver.
  • Advance Planning Clinics (Seniors First BC): They can help eligible low-income older adults create wills, powers of attorney, and representation agreements.
  • Nidus: If you’re a friend or family member creating an RA7 for someone in community living, Nidus may be able to connect you with help.
  • Choosing a Notary (Society of Notaries Public of BC): A notary can help if you’re looking to hire someone to create these personal planning documents.
  • Everyone Legal Clinic (Access Pro Bono): Articling clinicians work under the supervision of practising lawyers and provide legal services on a lower-cost, fixed-fee basis. They can help with documents like powers of attorney.
  • Find more services.