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.
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.
- 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.
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)
- 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." 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."