Trending
When you think about end-of-life issues, what kinds of things come to mind right away? Most of us have specific ideas about the kinds of treatment we do and do not want. You may feel very strongly about whether you want doctors to use extraordinary measures to preserve your life. What would happen if you were unable to make your wishes known? A Personal and Health Care Representation Agreement (RA) allows another person to make decisions for us when we are not able to do so due to illness or injury.
In British Columbia, anyone over the age of 19 can sign a Personal and Health Care RA. Under an RA, you can give your representative authority to make any decision they consider necessary for your personal care. You can also specify what types of decisions that person can make for you. Some examples of decisions which you may want to have a representative make for you include ones about your:
Major Health Care Decisions Included in a Personal and Health Care RA
Under British Columbia’s Health Care (Consent) and Care Facility (Admission) Act, you can designate another person to make major health care decisions for you, including ones involving the following:
Minor Health Decisions Under a Personal/Health Care RA
You can also have your representative make decisions about minor health decisions as well, such as:
General Provisions
You can choose to give your representative the authority to consent to or refuse health care treatments without including any specific instructions in the document. If you make that choice, your representative can give or refuse consent for life-saving measures.
Before You Sign a Personal and Health Care Representation Agreement
Signing a Representation Agreement is an important document, but you will want to spend some time thinking about your wishes before you sign one.
It’s a good idea to write your wishes down and discuss them with the person who will be your representative. Having to make health and personal care decisions for someone who is unable to do so is a very stressful situation, and the person you choose would no doubt appreciate some guidance so that he or she can follow your wishes.
What happens if I do not have a Representation Agreement?
If you do not have a Representation Agreement and you are not capable to make health care decisions for yourself, a health care provider can appoint a person to make those decisions for you but only for a temporary period. The scope of the decision-making powers is also very limited. The person chosen is from an imposed list starting with a spouse/common law spouse, then adult children, then siblings, and so on.
What is an Advance Directive?
An Advance Directive allows you to express in writing today your future healthcare wishes if you are not able to communicate them at a later date due to incapacity. A healthcare practitioner must follow your requests. If a circumstance comes up that you did not address in your Advance Directive, then a healthcare provider must appoint a Temporary Substitute Decision Maker.
Can I use my Power of Attorney to Delegate Personal and Health Care Decisions?
No. A Power of Attorney can only be used to delegate your financial and legal affairs. With a Representation Agreement, you can delegate routine financial affairs and legal matters in addition to your personal and health care issues. However, real estate is not covered in a Representation Agreement and so an Enduring Power of Attorney should be sought.
Proper Planning is Essential
Proper personal planning gives us peace of mind as it can help to ensure we have quality of life and that our wishes are carried through should we become incapacitated. It allows us to remain in control of our life by making legal arrangements today delegating important decision-making to those we trust and whom have our best interest at heart. It also helps to make things easier on our loved ones.
A Representation Agreement is an important legal planning document and so it is best to seek legal advice to ensure that it is right for you.