The standard forms published by the federal Department of Justice are intended to help individuals plan for future disability. The use of these forms is optional. Anyone wishing to enter into a representation agreement or permanent mandate should not use these standard forms, but must nevertheless ensure that their document complies with the requirements of the legislation. According to the law, if you want to ensure that the person or people of your choice are able to make decisions about your personal and health care if you become mentally unable at some point in the future, you must make a replacement agreement. If you wish, you can also give your designated person (s) the authority to make decisions about your routine legal and financial matters in your replacement agreement (as well as, according to current legislation, important financial decisions such as the sale of your home). A representation agreement is a document by which you can appoint someone, a so-called representative, to help you make or make personal decisions if you cannot make those decisions yourself. A representation agreement cannot authorize medical aid to die. If you do not want your representation agreement to enter into force immediately, you must indicate in your agreement the triggering event that will result in the agreement coming into force and how the event will be confirmed and by whom. For example, you might expect that your agreement will come into effect if your family doctor agrees – or if some trusted friends agree together – that you are no longer able to make decisions. You can register permanent powers and representation agreements at the Nidus Personal Planning Resource Centre – Registry.
Hospitals, banks and government departments can look to find out who your lawyer or representative is. 1.1. A representation agreement may not authorize the remuneration of a representative, assistant representative or observer for decisions or actions taken by the adult, the representative, the assistant representative or the monitor, in accordance with Part 2 of the Health Care (Consent) and Care Institution (Admission) Act, and any provision of a representation agreement purporting to authorize such compensation is in effect. One day, you may need someone to help you make decisions about your health care, legal affairs or finances. A representation agreement and a mandate can help you prepare for this possibility. 4. To be designated as a monitor in a representation agreement, a person must be at least 19 years old and be willing and able to perform his duties and exercise the powers of a monitor. 3.
An adult who is not required to designate a monitor under subsection 1 may choose to designate, in a representation agreement, a person who meets the requirements of the subsection (4).