Chapter Seven Resources and Appendix in Legal Issues in Residential Care

Table 1 Summary of Substitute Decision Making Tools

	Power of Attorney	Representation Agreement	Advance Directive	Committee of Guardian(1)
	TSDM /General/Enduring/Springing	SECTION 7 AND SECTION 9		Of Person/Of Estate
		RA7 Fin/RA7 P&HC
Does it still function if resident is incapable?	Yes (only)/ No/ Yes/ Yes	Yes/ Yes/ Yes	Yes (only)	Yes (only) / Yes (only)
Does it cover…?
Health Decisions	Yes(only)/ No/ No/ No/ No	No/ Yes(ii)/ Yes (iii)	Yes/ Yes	No
Personal Care	No/ No/ No/ No	No/ Yes/ Yes(iii)	No	Yes/ No
Finances	No/ Yes/ Yes/ Yes/	Yes(iv)/ No/ No (v)	No	No/ Yes
Legal	No/ May(i)/ Yes/ Yes	Yes/ No/ No	No/	No/ Yes

(i) If specified, or if needed to carry out duties
(ii) Major and minor, but certain exclusions
(iii) As specified in document
(iv) Routine finances, if specified
(v) Cover by add enduring power of attorney.

Other Resources

Power of Attorney, Enduring Power of Attorney, and Representation Agreements

For more information about these documents and arrangements see:

• Information for Temporary Substitute Decisionmakers Authorized by the Public Guardian and Trustee. [Public Guardian and Trustee]
• Power of Attorney and Representation Agreements [Canadian Bar Association's BC Branch]
• Incapacity Planning: Representation Agreements and Enduring Powers of Attorney [BC Ministry of Justice]
• Nidus Personal Planning Resource Centre and Registry [ a Voluntary Registry System for Representation Agreements, also provides information on Representation Agreements]
• It’s Your Choice: Personal Planning Tools (PDF) from the Public Guardian and Trustee of B.C.
• Enduring Power of Attorney Form

• The Public Guardian and Trustee of British Columbia offers detailed information on powers of attorney, representation agreements and court orders appointing a committee to look after the affairs of a person who is mentally incapable.

Website: www.trustee.bc.ca

• The British Columbia provincial government’s website provides information on incapacity planning and the forms that can be used at www.ag.gov.bc.ca/incapacity-planning.

Undue Influence

For a useful legal practice tool about undue influence, see BC Law Institute. Undue Influence Reference Aid. This is a 4 page chart that can be found in the Appendix of “Recommended Practices for Wills Practitioners Relating to Potential Undue Influence: A Guide.” (2011). BCLI Report No. 61.

Online: www.bcli.org/project/project-potential-undue-influence-recommended-practices-wills-practitioners (Last accessed June 26,2014)

References

1. Patients Property Act [RSBC 1996] c. 349 [ “PPA”].

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by BC Centre for Elder Advocacy and Support, June 2014.

A person who is younger than the legal age of majority, 19 in British Columbia. Not to be confused with "miner," which means something else altogether. See "age of majority."

In contract law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year" or "I had a vasectomy two years ago." See "misrepresentation."