Representation Agreements – What Are They and Do You Need One?
By Rose Shawlee
A Representation Agreement is a document in which you appoint a person, the Representative,
to make health care decisions on your behalf; this power is no longer contained within a Power of Attorney.
A Representation Agreement deals with all manner of health care issues and is not restricted to emergency decision making.
But who really needs one?
There are 3 categories that generally benefit from having Representation Agreements:
parents in blended families or families with difficult relationships, individuals who do not have any immediate family
living nearby, and people whose next of kin may be uncomfortable carrying out their health care wishes.
Blended Families/Difficult Relationships – In blended families there is often a risk of a dispute about a parent’s wishes
or a power struggle between the children and the step-parent. There is also no guarantee in any family that all members
get along. If there is a dispute between family members as to your health care wishes, it could result in a deadlock in
your health care until the dispute is resolved. For anyone who followed the Terri Schiavo scenario in Florida, this
shows how large the problem can become. If there is a Representative, that person is legally empowered to make your
health care decisions, which significantly reduces the potential for a medical decision stalemate.
No Nearby Family - Existing legislation in BC provides that your next of kin may make health care decisions in an emergency.
If you do not have family nearby to make such decisions there may be no one conveniently located empowered to make an emergency
health care decision on your behalf. This scenario is common, as many of us elect to move to warm climates when our finances
and employment permit, such as the Okanagan while our family remembers remain elsewhere.
Discomfort in Carrying Out Wishes - Many of us discuss our health care wishes with our family, but they may not always
agree with our views or they may hesitate or fail to carry out your wishes due to uncertainty or guilt. A Representation
Agreement contains an expression of your health care wishes that must be adhered to and it often alleviates any sense of
guilt by your family in following through on those wishes.
If you have questions or if there is a topic you would like addressed, contact Rose Shawlee at Benson Salloum Watts LLP
at 250-491-0206 or rshawlee@bensonsalloumwatts.com.
