Poa Vs Representation Agreement

If you do not want your representation agreement to enter into force immediately, you must indicate in your agreement the triggering event that will result in the agreement coming into force and how the event will be confirmed and by whom. For example, you might expect that your agreement will come into effect if your family doctor agrees – or if some trusted friends agree together – that you are no longer able to make decisions. In section 6, you can appoint more than one representative and give them the same power or another. If they have the same power, they must act unanimously, unless the agreement says otherwise. A: Procuration is a legal agreement that allows you to appoint another person (known as your « agent ») to deal with certain decisions on your behalf or in certain circumstances (such as your illness or death). If necessary, for a representation agreement (section 7) to be effective, the following certificates must be completed: an agreement under Section 7 of the Representation Agreement Act may allow a representative to handle the routine management of financial affairs. Under the BC Representation Agreement Act, there are generally two types of representation agreements that you can enter into: an agreement with « limited powers » – sometimes called Clause 7 Representation Agreement – and an agreement that includes « general powers » – sometimes referred to as a Section 9 representation agreement. Generally speaking, the types of decisions you can authorize your representative in a Section 7 agreement are important, but generally not as intrusive or potentially controversial as those that can be included in a Section 9 agreement. A Section 7 agreement is generally sufficient to cover your daily care needs. Representation arrangements and permanent powers are two types of legal documents that allow individuals to plan for the possibility of future disability. According to the law, if you want to ensure that the person or people of your choice are able to make decisions about your personal and health care if you become mentally unable at some point in the future, you must make a replacement agreement.

If you wish, you can also give your designated person (s) the authority to make decisions about your routine legal and financial matters in your replacement agreement (as well as, according to current legislation, important financial decisions such as the sale of your home). In accordance with Section 29, a representation agreement ends in some cases, even if you or the agent dies, if the agent becomes incapacitated or if you are declared incapacitated by a court bc and the court does not allow the representation agreement to continue. You must be at least 19 years old to enter into a representation agreement. Representation agreements are useful and versatile legal contracts that most people know but do not understand. Frequently asked questions are asked below, which should help explain exactly what power of attorney is and how it might benefit you. Representation agreements signed prior to the update of the law (September 1, 2011) remain generally valid. All representation agreements signed on September 1, 2011 must follow the updated law. To terminate a replacement agreement, you must notify the representative and deputy representative in writing and the supervision in accordance with Section 27. If you wish, you can name a monitor in your replacement agreement. If you do, your monitor must monitor the activities of your agents and ensure that they comply with the terms of your representation agreement.