5,484
edits
Difference between revisions of "Representation Agreements (15:V)"
From Clicklaw Wikibooks
Representation Agreements (15:V) (view source)
Revision as of 21:59, 1 February 2017
, 21:59, 1 February 2017→E. Creating a Representation Agreement
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
||
| Line 202: | Line 202: | ||
== E. Creating a Representation Agreement == | == E. Creating a Representation Agreement == | ||
The adult who executes the Representation Agreement (RA) must have mental capacity. For guidance on mental capacity, refer to 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 I.B.4: 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 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. | 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. | ||
| Line 214: | Line 214: | ||
*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)). See | Each Representative and each witness for a s 7 RA must also complete a certificate (s 13(6)). See Appendix I: Certificate of Representative or Alternative Representative and Appendix L: Certificate of Witness. | ||
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). | ||
