Difference between revisions of "Introduction to Adult Guardianship and Substitute Decision-Making (15:I)"

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 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: