Personal Planning - a summary

If you are thinking of having another person making healthcare or personal care decisions on your behalf in British Columbia, you should know you cannot create a Power of Attorney (POA) for these kinds of decisions-making authority. This can be quite confusing for other Canadians as most other provinces allow the use of POA for healthcare decisions.

 

A Power of Attorney is only for legal and financial decision making in British Columbia. For example, if you want someone (i.e. the attorney) to manage your bank accounts, or sign documents when you are not able to.  While you can technically make a POA on your own with the appropriate witnesses, Land Title Office and most financial institutions will not accept DIY document. If you have the need for a Power of Attorney, you should consult with a notary or lawyer to discuss your needs, and the consequences of granting such power to another person.

 

Healthcare and Personal care decisions

 

So what is personal care? The Representation Agreement Act defines it as

“(a) the shelter, employment, diet and dress of an adult,

(b) participation by an adult in social, educational, vocational and other activities,

(c) contact or association by an adult with other persons, and

(d) licences, permits, approvals or other authorizations of an adult to do something;"

 

Some people may have heard of “Living Will”. A living will is not recognized in British Columbia. Instead, you have 2 options:

 

 1. A Representation Agreement - 2 different versions (Section 7 or Section 9 RA). RA is the equivalent of a POA for healthcare/personal care decisions. You are appointing someone to speak/make decision on your behalf.

 

2. An Advanced Directive (AD). AD is your way of consenting (or withholding consent) for medical treatments. For example, you do not want blood transfusion. AD is only for healthcare matters.

 

The law allows for 2 different kinds of RA, depending on what you want the Representative to do on your behalf. For example, a section 7 RA (also known as the Standard Representation Agreement) allows for major/minor health care decisions, personal care decisions, routine (minor) financial management, and to obtain legal services on behalf of the person. The routine financial management power is very limited - primarily for paying bills at a financial institution and receiving certain benefits from the government. A monitor must be appointed before the routine financial management power can be exercised.

 

A section 9 RA (also known as non-standard Representation Agreement) differs from a Section 7 RA in that the representative is allowed to make end-of-life decisions (i.e. pulling the plug) and if so allowed on the document, to exercise power to override your wishes (for example, a person suffering wanting treatment for mental health issues may not express their wishes in a coherent manner). Unlike a section 7 RA, no financial power of any kind is allowed.

 

An advanced directive is useful if you have certain healthcare wishes you wish to execute. Unlike a Power of Attorney or a Representation Agreement where you are appointing someone to speak/act on your behalf, an AD is meant to provide or withhold consent in advance on procedures you wish/do not wish to have. For example, if you have a strong belief you don't want blood transfusion, an advanced directive is your way of telling physicians, nurses and paramedics your wishes when you are not able to communicate with them.

 

An advanced directive is NOT the same as a No-CPR order (also known as Do Not Resuscitate/DNR Order). A DNR or No-CPR order is signed by a physician or nurse practitioner for those approaching the natural end of their lives or suffering from a life-limiting or life-threatening illness.

 

You do not need a lawyer or notary to make an AD or a RA. You can make either document on your own, with the appropriate witnesses. The Province of British Columbia published a guide known as My Voice: Expressing My Wishes for Future Health Care Treatment, with the forms and instruction for you ready to print and sign. This is a free resource, and I encourage everyone to take advantage of the tools.

 

Resources

If you need further information, I encourage you visit the NIDUS website. NIDUS is a not-for-profit resource centre dedicated to the education and awareness of personal planning tools available in British Columbia. You will find various resources on all things personal planning related - estate planning, Power of Attorney, RA/AD. You will also find webinars and public sessions dedicated to educating the public on these topics.

 

If you suspect someone is abusing their authority to care for another person, contact the Public Guardian and Trustee of British Columbia (PGT). If you suspect a person is being abused or neglected, visit the PGT website on more information about who to report the issue.