Representation Agreements in BC: How to Set One Up

Most of us are comfortable planning for the practical things, who inherits the family cabin at the lake, who looks after the finances if we travel. But there is a quieter question that many people in Vernon, Armstrong, and Lake Country put off: who will speak for me about my health care and personal care if I cannot speak for myself? In British Columbia, the document that answers this question is called a representation agreement, and it is one of the most important, and most misunderstood, pieces of a complete estate plan.

At Abbey Law Corporation, we guide North Okanagan families through representation agreements, often alongside wills and powers of attorney. This article explains what a representation agreement is, how it differs from other planning documents, and how to set one up properly under BC law.

What Is a Representation Agreement?

A representation agreement is a legal document, specific to British Columbia, in which you appoint one or more people, called representatives, to help you make decisions, or to make decisions on your behalf, about your health care and personal care if you become unable to make those decisions yourself.

"Personal care" is broader than many people expect. Depending on how the agreement is written, a representative's authority can touch on:

• Health care decisions, such as consenting to or refusing medical treatment.
• Living arrangements, including decisions about care facilities or home support.
• Daily personal care matters, like diet, dress, and participation in activities.

Without a representation agreement in place, your family may face uncertainty at exactly the moment they need clarity, and the people you would have chosen may not be the ones with legal authority to decide.

How It Differs from a Power of Attorney and a Will

These three documents are often confused, but each does a distinct job:

• A will speaks only after death. It directs how your estate is distributed and names your executor. It gives no one authority while you are alive.
• A power of attorney deals with financial and legal affairs (banking, bills, property) while you are alive. It does not cover health or personal care decisions.
• A representation agreement covers health care and personal care decisions while you are alive but unable to decide for yourself.

A complete plan usually includes all three. Many clients are surprised to learn that a spouse does not automatically have full legal authority over every kind of decision; the representation agreement is how you make your choice of decision-maker official.

Choosing the Right Representative

Your representative may one day make deeply personal decisions on your behalf, so the choice deserves real thought. Consider:

• Trustworthiness and judgment. Choose someone who understands your values and will honour your wishes, even under pressure.
• Willingness. Talk to the person first. This is a role someone should accept knowingly, not discover in a crisis.
• Availability. A representative who lives nearby, or can be present when needed, is often practical, though it is not a legal requirement.
• Alternates. Naming an alternate representative provides a backup if your first choice is unable or unavailable to act.

BC law also places some limits on who can serve as a representative, which is one of several reasons professional guidance is valuable when preparing the document.

Types of Representation Agreements in BC

BC legislation provides for different forms of representation agreements, commonly described by the sections of the legislation they fall under. In general terms:

• A standard agreement covers routine management of personal care and health care decisions, and is designed to be accessible, including for adults whose capacity may already be somewhat limited.
• A broader agreement can grant more extensive authority, including certain significant health care decisions, and requires that the adult be capable of understanding the nature and consequences of the agreement when signing.

Which type suits you depends on your health, your wishes, and your family circumstances. A lawyer can explain the differences in plain language and help you choose deliberately rather than by default.

How to Set One Up: The Process

Setting up a representation agreement is straightforward when done methodically:

• Step 1: Clarify your wishes. Think about the kinds of care decisions that matter most to you and how much authority you want to grant.
• Step 2: Choose your representative and alternates, and confirm they are willing to act.
• Step 3: Have the agreement drafted. Precision matters: the scope of authority, any conditions, and the wording must reflect BC legislative requirements.
• Step 4: Sign with the required formalities. BC law sets out specific signing and witnessing requirements, and in some cases representatives sign as well. Getting the execution right is essential to the document's validity.
• Step 5: Store it and share it. Keep the original somewhere safe, and make sure your representative, family, and health care providers know it exists and where to find it.

Reviewing the agreement every few years (or after major life changes such as a move, a diagnosis, a marriage, or a death in the family) keeps it current.

Frequently Asked Questions

Clear Answers for Difficult Conversations

Talking about incapacity is not easy, and legal documents full of statutory language can make it harder. Our approach at Abbey Law Corporation is to slow down, use plain words, and make sure you understand exactly what you are signing and why. We have helped clients across Vernon, Armstrong, Lake Country, and the wider North Okanagan put representation agreements in place as part of thoughtful, complete estate plans, and we would be glad to help you do the same.

© 2026 Abbey Law Corporation. This article provides general information and does not constitute legal advice.