Difference between revisions of "Representation Agreements (15:V)"
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(→D. Monitors: LSLAP CLINICIAN UPDATE 2017) |
(→E. Creating a Representation Agreement: 2017 LSLAP Clinician update) |
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The Public Guardian and Trustee may appoint a replacement monitor at the request of the representative or other interested person if the initial monitor is unsuitable, no longer able to act or has ceased acting and the adult is no longer capable of making a new RA (s 21(1)). | The Public Guardian and Trustee may appoint a replacement monitor at the request of the representative or other interested person if the initial monitor is unsuitable, no longer able to act or has ceased acting and the adult is no longer capable of making a new RA (s 21(1)). | ||
== E. | == E. Making a Representation Agreement == | ||
The adult who executes the Representation Agreement (RA) must have mental capacity. For guidance on mental capacity, refer to [[Introduction to Adult Guardianship (15:I)#4. Representation Agreement (RA) | section | The adult who executes the Representation Agreement (RA) must have mental capacity. For guidance on mental capacity, refer to [[Introduction to Adult Guardianship (15:I)#4. Representation Agreement (RA) | section II.B.3: Mental Capacity — Representation Agreement]] in this chapter. | ||
The RA must also be in writing, signed and witnessed (s 13). The adult and each of the Representative(s) must sign the RA (s 13(2)). Two adults must witness the | The RA must also be in writing, signed and witnessed (s 13). The adult and each of the Representative(s) must sign the RA (s 13(2)). Two adults must witness the signatures. However, only one witness is necessary if that witness is a lawyer and member in good standing with the Law Society of BC or is a member in good standing of the Society of Notaries Public. | ||
Witnesses cannot be (s 13(5)): | Witnesses cannot be (s 13(5)): | ||
*one of the Representatives; | *one of the Representatives; | ||
*an alternate Representative; | *an alternate Representative; | ||
*a spouse, child, or parent of anyone named in the RA as a Representative or alternate Representative; | *a spouse, child, or parent of anyone named in the RA as a Representative or alternate Representative; | ||
*an employee or agent of a Representative or alternate Representative; | *an employee or agent of a Representative or alternate Representative; | ||
*anyone under 19 years of age; or | *anyone under 19 years of age; or | ||
*anyone who does not understand the type of communication used by the adult who wishes to be represented. | *anyone who does not understand the type of communication used by the adult who wishes to be represented. | ||
Each Representative and each witness for a s 7 RA must also complete a certificate (s 13(6)). | Each Representative and each witness for a s 7 RA must also complete a certificate in the prescribed form. (s 13(1.1) and s 13(6)). Please consult Nidus Personal Planning Resource Centre for more information about prescribed forms. | ||
An RA becomes effective on the day it is executed, unless the RA specifies that it is to become effective at some later time based upon a triggering event (e.g. loss of capacity). According to s 15 of the RAA, the RA must specify how a triggering event is to be confirmed and by whom (e.g. loss of capacity confirmed by two medical professionals). | An RA becomes effective on the day it is executed, unless the RA specifies that it is to become effective at some later time based upon a triggering event (e. g. loss of capacity). According to s 15 of the RAA, the RA must specify how a triggering event is to be confirmed and by whom (e. g. loss of capacity confirmed by two medical professionals). | ||
For more information on preparing documents, consult the '''Appendix''' or organisations such as Nidus Personal Planning Resource Centre and Registry. Contact information may be found in section II. C: Resource | For more information on preparing documents, consult the '''Appendix''' or organisations such as Nidus Personal Planning Resource Centre and Registry. Contact information may be found in [[Introduction to Adult Guardianship (15:II)#3. Resource Organizations | section II.C: Resource Organisations]] of this chapter | ||
Although there is no legal requirement to register an RA, registration may be done through the Nidus | Although there is no legal requirement to register an RA, registration may be done through the Nidus Personal Planning Registry. When a person registers, he or she can decide which organizations can access his or her record. For more information contact Nidus Personal Planning Resource Centre. | ||
== F. Changing, Revoking or Ending a Representation Agreement == | == F. Changing, Revoking or Ending a Representation Agreement == | ||