Introduction to Adult Guardianship and Substitute Decision-Making (15:I): Difference between revisions
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=== 4. Representation Agreement (RA) === | === 4. Representation Agreement (RA) === | ||
An adult who meets the requisite mental capacity test may create a Representation Agreement (RA), which is a legally-binding document that appoints a substitute or supportive decision-maker and provide instructions with respect to health care decisions, personal care, and/or routine financial decisions. See s 7 and 9 of the ''Representation Agreement Act'', RSBC 1996, c 405 [RAA]. Section 7 and 9 RAs deal with different types of decisions (see section V.A: Types | An adult who meets the requisite mental capacity test may create a Representation Agreement (RA), which is a legally-binding document that appoints a substitute or supportive decision-maker and provide instructions with respect to health care decisions, personal care, and/or routine financial decisions. See s 7 and 9 of the ''Representation Agreement Act'', RSBC 1996, c 405 [RAA]. Section 7 and 9 RAs deal with different types of decisions (see [[Representation Agreements (15:V)#A. Types of Representation Agreements | section V.A: Types of Representation Agreements]]) and are subject to distinct different mental capacity standards. In British Columbia, an adult is presumed to have capacity, unless proven otherwise. According to s 3(1) of the [RAA], an adult is presumed to be capable of: | ||
*making, changing or revoking a s 7 or s 9 RA; | *making, changing or revoking a s 7 or s 9 RA; | ||
*making decisions about personal care, health care and legal matters; and | *making decisions about personal care, health care and legal matters; and |