When it comes to planning for the future, there are a lot of important decisions to make. One of the most important is deciding who will make important decisions for you if you become unable to do so yourself. There are two legal documents that can help with this: the enduring power of attorney and the representation agreement.
An enduring power of attorney is a legal document that allows you to appoint someone to act on your behalf if you become unable to make decisions for yourself. This person, called the attorney, can make financial and legal decisions on your behalf. The enduring power of attorney is “enduring” because it remains in effect even if you become mentally incapacitated.
On the other hand, a representation agreement is a legal document that allows you to appoint someone to make health and personal care decisions on your behalf if you become unable to do so yourself. This person, called the representative, can make decisions about medical treatment, where you will live, and other personal matters. The representation agreement only comes into effect if you become mentally incapacitated.
So, which of these legal documents is right for you? The answer depends on your needs and wishes.
If you`re mostly concerned about financial and legal matters, such as managing your finances and paying bills, then an enduring power of attorney might be the better choice for you. This document gives your attorney the power to make these types of decisions on your behalf, which can be helpful if you become unable to do so yourself.
On the other hand, if you`re more concerned about personal and health matters, such as deciding where you will live and what medical treatment you`ll receive, then a representation agreement might be the better choice for you. This document gives your representative the power to make these types of decisions on your behalf, which can be helpful if you become mentally incapacitated.
It`s worth noting that in British Columbia, you can create a “section 9 representation agreement,” which combines both financial and legal matters with personal and health matters. This is a good option if you want to appoint someone to make decisions in all areas if you become mentally incapacitated.
Ultimately, the decision between an enduring power of attorney and a representation agreement depends on your needs and preferences. It`s important to talk to a lawyer to understand the pros and cons of each option and to help you make an informed decision.