What Is a Representation Agreement? A Complete Guide for Canadians

What Is a Representation Agreement? The Short Answer

A representation agreement is one of the most important legal documents you can create — yet most Canadians have never heard of it until they need one urgently. If you live in British Columbia or are planning for your future, understanding what a representation agreement is and how it works could be the difference between your wishes being honoured and a stranger making decisions for you.

Legal Definition in Plain English

A representation agreement is a legal document that allows an adult (called the "adult" or principal) to appoint one or more trusted people (called "representatives") to make decisions on their behalf if they become unable to make those decisions themselves. According to People's Law School, representation agreements in British Columbia are governed by the Representation Agreement Act and are specifically designed to cover personal care and health care decisions — areas that a power of attorney cannot address.

In plain terms: you choose someone you trust, you write down what they are allowed to decide for you, and if you ever lose the ability to make those decisions yourself, your representative steps in. The document speaks for you when you cannot speak for yourself.

How It Differs from a Power of Attorney

Many people confuse a representation agreement with a power of attorney, but they serve distinct purposes. As AHBL Law explains, a power of attorney deals exclusively with financial and legal matters — things like managing bank accounts, paying taxes, or selling property. A representation agreement, by contrast, covers personal care and health care decisions, such as where you live, what medical treatment you receive, and who can visit you.

The two documents complement each other rather than replace each other. A complete personal planning package typically includes both. If you only have a power of attorney, your representative has no authority to make health care decisions for you — a gap that can create serious problems during a medical crisis.

Why a Representation Agreement Matters for Your Future

What Happens If You Become Incapacitated Without One

Without a representation agreement in place, the people who love you may have no legal authority to make decisions on your behalf. According to People's Law School, if you become incapacitated without a representation agreement, your family may need to apply to the courts to have a committee appointed — a process that is slow, expensive, and emotionally draining. The court may appoint someone you would not have chosen yourself, and that person may not know your values, preferences, or wishes.

The Public Guardian and Trustee of British Columbia can also step in to manage your affairs, which removes decision-making entirely from your family's hands. This is rarely what anyone wants, and it is entirely avoidable with proper planning.

Who Needs a Representation Agreement

The short answer is: any adult in British Columbia who wants to have a say in their own future care. You do not need to be elderly or ill to create a representation agreement. Accidents and sudden illness can happen at any age.

That said, certain groups have a particularly urgent need:

• Adults over 50 who are beginning to think about long-term care planning
• Individuals living with a chronic illness, disability, or progressive condition
• Anyone undergoing a major medical procedure
• Adults who do not have a spouse or close family member who would automatically know their wishes
• Young adults who have recently turned 19 (the age of majority in BC) and whose parents no longer have automatic legal authority to make decisions for them

Types of Representation Agreements Explained

British Columbia's Representation Agreement Act creates two distinct types of representation agreements, each suited to different circumstances and levels of capacity.

Section 7 Representation Agreement (Standard)

A Section 7 representation agreement — sometimes called a standard representation agreement — is designed for adults who may have limited decision-making capacity but can still express their wishes and preferences. Paperclip Law notes that this type of agreement is specifically intended to be accessible to adults who might not meet the higher capacity threshold required for other legal documents.

A Section 7 agreement allows your representative to help with routine personal care, minor health care decisions, and routine financial matters such as paying bills or managing day-to-day banking. It does not require the same level of legal formality as a Section 9 agreement, which makes it more accessible to adults with cognitive challenges.

Section 9 Representation Agreement (Enhanced)

A Section 9 representation agreement — sometimes called an enhanced or non-standard representation agreement — grants broader powers and requires a higher level of mental capacity to create. According to AHBL Law, a Section 9 agreement can cover major health care decisions, including decisions about life support, consent to or refusal of significant medical treatments, and a wider range of personal care matters.

Because the powers granted are more significant, the witnessing and signing requirements are stricter. A Section 9 agreement must be witnessed by a lawyer, a notary public, or another qualified witness as defined by the Act.

Key Differences at a Glance

What Powers Can You Grant in a Representation Agreement?

Personal Care and Health Care Decisions

A representation agreement can authorize your representative to make a wide range of personal care and health care decisions on your behalf. According to People's Law School, these can include decisions about where you live, what you eat, what activities you participate in, and what personal care services you receive.

On the health care side, depending on whether you have a Section 7 or Section 9 agreement, your representative may be authorized to:

• Consent to or refuse medical examinations and treatments
• Access your medical records and communicate with health care providers
• Make decisions about surgical procedures, medications, and therapies
• In a Section 9 agreement, make decisions about life-sustaining treatment

Routine Financial and Legal Matters

A representation agreement can also cover certain financial and legal matters, though this is distinct from what an enduring power of attorney covers. Paperclip Law explains that under a Section 7 agreement, a representative can manage routine financial tasks such as paying bills, making deposits, and handling day-to-day banking — but cannot manage major financial transactions or investments.

This limited financial authority is designed to keep you comfortable and your affairs running smoothly during a period of incapacity, without giving your representative the broad financial powers that an enduring power of attorney would provide.

Limits on What a Representative Can Do

A representative is not given unlimited authority. AHBL Law notes that a representative must act honestly, in good faith, and in accordance with your known wishes and values. There are also statutory limits built into the Representation Agreement Act that a representative cannot override, regardless of what the agreement says.

Key limits include:

• A representative cannot make decisions that go against your clearly expressed wishes
• A representative cannot consent to certain procedures prohibited by law
• A representative cannot benefit financially from their role beyond what the agreement explicitly allows
• A representative must consult with you to the extent possible, even if your capacity is limited

Who Can Be Your Representative?

Eligibility Requirements for a Representative

Not everyone can serve as your representative. According to People's Law School, your representative must be an adult (19 or older in BC), must be capable of making decisions, and must not be in a position of conflict of interest that would compromise their ability to act in your best interests.

Certain people are specifically excluded from serving as representatives, including your paid care providers (such as a nurse or care aide who is paid to look after you) unless they are also a close family member. This restriction exists to prevent conflicts of interest between professional duties and personal decision-making authority.

Naming Multiple Representatives or Alternates

You are not limited to naming a single representative. You can name two or more representatives and specify whether they must act jointly (together, requiring agreement) or jointly and severally (independently, where either can act alone). You can also name an alternate representative who steps in if your primary representative is unable or unwilling to act.

Naming an alternate is a practical safeguard. Life circumstances change — your primary representative may predecease you, become incapacitated themselves, or simply be unavailable in an emergency. Having an alternate named in the document means there is always someone with legal authority to act on your behalf.

Tips for Choosing the Right Person

Choosing your representative is one of the most important decisions you will make in this process. Consider the following:

• Choose someone who knows you well and understands your values, not just someone who is geographically convenient
• Choose someone who is willing to advocate firmly on your behalf, even under pressure from medical professionals or other family members
• Have an honest conversation with the person before naming them — being a representative is a significant responsibility and they should agree to take it on
• Consider whether the person has the emotional resilience to make difficult decisions during a crisis
• If you have complex health care needs, consider whether your representative has the capacity to understand and navigate the medical system

How to Create a Valid Representation Agreement

Capacity Requirements for the Adult

To create a valid representation agreement, you must have the mental capacity to do so at the time you sign it. For a Section 9 agreement, the capacity standard is similar to that required for other legal documents — you must understand the nature and effect of what you are signing. For a Section 7 agreement, Paperclip Law notes that the capacity threshold is intentionally lower, allowing adults who may have some cognitive limitations to still create a valid agreement.

Capacity is assessed at the moment of signing. If there is any question about your capacity, it is wise to have a physician or other qualified professional document your capacity at the time you execute the agreement.

Signing and Witnessing Rules

The signing and witnessing requirements differ between Section 7 and Section 9 agreements. For a Section 7 agreement, you must sign in front of a witness who meets the requirements set out in the Act. For a Section 9 agreement, the witnessing requirements are stricter — the agreement must be witnessed by a lawyer, notary public, or another qualified individual as defined by the legislation.

In both cases, certain people cannot serve as witnesses, including your representative, your representative's spouse, and anyone who would benefit from your estate. These restrictions exist to prevent undue influence and conflicts of interest.

Common Mistakes to Avoid

Creating a representation agreement is not complicated, but there are common errors that can render a document invalid or create problems later:

• Failing to have the document properly witnessed according to the requirements for your agreement type
• Naming a representative who is ineligible (such as a paid care provider)
• Being vague about the scope of authority granted, leaving your representative uncertain about what they can and cannot do
• Not telling your representative where the document is stored, so it cannot be located in an emergency
• Failing to update the agreement after major life changes, such as a divorce or the death of your named representative
• Assuming a representation agreement covers financial matters that actually require an enduring power of attorney

Representation Agreement vs. Other Legal Planning Documents

Representation Agreement vs. Advance Directive

An advance directive (sometimes called a living will) is a document in which you record your own health care instructions directly — without appointing a representative to make decisions for you. According to People's Law School, an advance directive speaks directly to health care providers and does not require a representative to interpret or act on your behalf.

A representation agreement, by contrast, appoints a person to make decisions in real time, using their judgment in situations you may not have anticipated. The two documents serve different but complementary purposes. An advance directive is useful for recording specific wishes about treatment; a representation agreement is useful for handling situations that your advance directive did not foresee.

Representation Agreement vs. Enduring Power of Attorney

An enduring power of attorney is a legal document that authorizes someone to manage your financial and legal affairs. Unlike a standard power of attorney, an enduring power of attorney remains valid even if you lose mental capacity — which is what makes it "enduring."

The key distinction is scope: an enduring power of attorney covers financial and legal matters, while a representation agreement covers personal care and health care. Neither document can substitute for the other. If you want comprehensive protection, you need both.

Building a Complete Personal Planning Package

A complete personal planning package in British Columbia typically includes three documents working together:

• A representation agreement to cover personal care and health care decisions
• An enduring power of attorney to cover financial and legal decisions
• An advance directive to record specific health care instructions directly

Together, these three documents ensure that your wishes are known and legally enforceable across every major area of your life, regardless of what happens to your capacity. Creating all three at the same time is efficient and ensures they are consistent with each other.

How GoSign Makes Creating a Representation Agreement Simple

Once you have worked with a lawyer or notary to prepare your representation agreement, the next step is getting it properly signed and witnessed. This is where GoSign comes in. GoSign is an electronic signature platform built for exactly this kind of document — one that needs to be signed by multiple parties, tracked carefully, and stored securely.

Step-by-Step Online Process with GoSign

GoSign makes the signing process straightforward. You upload your prepared representation agreement as a PDF, add the required signature and date fields for each party, and set the signing order so that each person signs in the correct sequence. Sequential signing order ensures that your representative signs after you, and your witness signs last — exactly as the Representation Agreement Act requires.

Once the document is sent, GoSign automatically sends reminder emails to anyone who has not yet completed their signature, so the process does not stall because someone forgot to check their inbox. You can track the status of the document in real time — seeing whether it has been sent, viewed, signed, or declined — so you always know exactly where things stand.

After all parties have signed, you download the finalized document with all signatures applied. GoSign also generates an audit trail with timestamps recording every action taken on the document, giving you a clear record of who signed, when, and in what order.

Security, Compliance, and Legal Validity

GoSign generates a detailed audit trail with timestamps for every document, recording the full signing history. This audit trail is downloadable and provides a clear record of document activity — useful for demonstrating that the signing process was completed properly.

It is important to note that the legal validity of your representation agreement depends on meeting the requirements of the Representation Agreement Act — including proper witnessing by a qualified person. GoSign facilitates the signing and witnessing process electronically, but you should confirm with your lawyer or notary that electronic execution meets the requirements applicable to your specific agreement type and jurisdiction.

Pricing and What Is Included

GoSign offers a Free Forever plan that includes unlimited document sending, unlimited users, reusable templates, bulk send, sequential signing order, automated reminders, expiration controls, and audit trails with timestamps — with no credit card required. For most individuals and small organizations managing representation agreements and other personal planning documents, the Free Forever plan covers everything you need.

If you need REST API access, webhook events, custom SMTP, or priority support, the Pro plan is $499/year flat — with no per-envelope or per-user fees. There are no hidden costs and no surprise charges as your document volume grows.

How to Update, Revoke, or Cancel a Representation Agreement

When to Review Your Agreement

A representation agreement is not a set-and-forget document. Your life circumstances change, and your agreement should reflect those changes. You should review your representation agreement whenever:

• You experience a significant change in your health or personal circumstances
• Your named representative dies, becomes incapacitated, or is no longer someone you trust
• You go through a major life event such as marriage, separation, or divorce
• Your wishes about personal care or health care change
• Several years have passed since you last reviewed the document

A good rule of thumb is to review all of your personal planning documents — your representation agreement, enduring power of attorney, and advance directive — at the same time, every three to five years.

Steps to Revoke or Amend

You can revoke a representation agreement at any time, as long as you have the mental capacity to do so. According to People's Law School, revocation must be done in writing and signed in front of a witness. You should also notify your representative in writing that the agreement has been revoked, and notify any health care providers or institutions that may have a copy on file.

If you want to make changes rather than revoke the agreement entirely, the safest approach is to create a new representation agreement that explicitly revokes all previous agreements. Attempting to amend an existing agreement by crossing out sections or adding handwritten notes can create ambiguity and may not be legally effective.

Key Takeaways: Protecting Yourself with a Representation Agreement

A representation agreement is one of the most practical and compassionate things you can do for yourself and the people who care about you. Here is what to remember:

• A representation agreement is a legal document that appoints someone to make personal care and health care decisions on your behalf if you lose capacity
• British Columbia has two types: Section 7 (standard, lower capacity threshold) and Section 9 (enhanced, broader powers, stricter requirements)
• A representation agreement does not replace an enduring power of attorney — you need both for complete protection
• Your representative must act honestly, in good faith, and in accordance with your known wishes
• You can revoke or update your agreement at any time while you have capacity
• Creating the document while you are healthy and capable is far easier than waiting until a crisis forces the issue
• Once your agreement is prepared, GoSign makes the signing and witnessing process straightforward, with sequential signing order, automated reminders, and a full audit trail — free to start, no credit card required

Do not wait for a health scare to start this conversation. The best time to create a representation agreement is before you need one.

FAQ

What is the difference between a representation agreement and a power of attorney?

A representation agreement covers personal care and health care decisions — such as where you live, what medical treatment you receive, and who can visit you. A power of attorney (specifically an enduring power of attorney) covers financial and legal matters, such as managing bank accounts, paying bills, and handling property transactions. According to People's Law School, neither document can substitute for the other — they cover entirely different areas of your life. For complete protection, you need both documents in place.

Do I need a lawyer to create a representation agreement in BC?

For a Section 7 representation agreement, you are not legally required to use a lawyer, though consulting one is strongly recommended to ensure the document is valid and reflects your intentions accurately. For a Section 9 representation agreement, the witnessing requirements are stricter — the agreement must be witnessed by a lawyer, notary public, or another qualified person as defined by the Representation Agreement Act. Paperclip Law notes that working with a legal professional helps ensure the document will hold up when it matters most.

Can a representation agreement be used outside of British Columbia?

A representation agreement created under British Columbia's Representation Agreement Act is a BC-specific legal document. Other Canadian provinces have their own legislation governing personal care and health care decision-making — for example, Ontario uses a Power of Attorney for Personal Care, and Alberta uses a Personal Directive. If you spend significant time in another province or plan to relocate, you should consult a lawyer in that jurisdiction to determine whether your BC representation agreement will be recognized or whether you need additional documents.

What happens to my representation agreement if I recover capacity?

If you recover mental capacity after a period of incapacity, your representation agreement does not automatically terminate — but your representative's authority to act on your behalf effectively steps back, because you are once again able to make your own decisions. You can also formally revoke the agreement at any time while you have capacity. According to People's Law School, revocation must be done in writing and signed in front of a witness, and you should notify your representative and any relevant institutions that the agreement has been revoked.

Can I have more than one representative in my representation agreement?

Yes. You can name two or more representatives in your representation agreement and specify how they are to act — either jointly (meaning they must agree on every decision) or jointly and severally (meaning either can act independently). You can also name an alternate representative who steps in if your primary representative is unable or unwilling to serve. Naming an alternate is a practical safeguard that ensures there is always someone with legal authority to act on your behalf, even if your primary representative is unavailable.

Is a representation agreement the same as an advance directive?

No. An advance directive (sometimes called a living will) is a document in which you record your own specific health care instructions directly — it speaks to health care providers without requiring a representative to interpret your wishes. A representation agreement, by contrast, appoints a person to make decisions on your behalf in real time, using their judgment in situations that may not have been anticipated. People's Law School explains that the two documents serve complementary purposes and are most effective when used together as part of a complete personal planning package.