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Changes to the legal personal planning tools in B.C.
As of Sept. 1, 2011, legal changes to the legal personal planning tools in British Columbia are now in effect. The changes affect representation agreements, enduring powers of attorney and introduce advance directives.
Personal planning is a critical activity as people face a diagnosis of dementia. Changes that make it easier for families affected by dementia to use these legal tools is a positive step, as are changes which give health care professionals, financial institutions and lawyers more confidence about the validity of the legal planning tool, . Personal planning can be a daunting activity for families facing dementia, but it is an important one. We hope that these changes make these legal tools more effective and easier to access..
A Section 9 representation agreement makes it possible to appoint a representative(s) to help with health and personal care decision making. In the context of caring for a person with dementia, the representative is able to make health care decisions on the person’s behalf when they are no longer capable of doing so. For families affected by dementia, the Section 9 representation agreement is the most commonly used.
A Section 7 representation agreement is available for people who may no longer be able to manage their own affairs or make decisions on their own. Section 7 representation agreements have different requirements for capability, and allow the appointment of a representative(s) for health and personal care, as well as routine financial and legal decision making.
Changes to Representation Agreement:
A key change is that a representation agreement is the designated document available for health care planning and there is no requirement for a lawyer to draft this agreement. The Alzheimer Society of B.C. recommends that people seek the advice of legal professionals such as lawyers, notaries and groups with special knowledge, such as Nidus.
An enduring power of attorney is a legal document allowing the appointment of an attorney who is able to make financial and legal decisions on behalf of a person who can no longer make these decisions.
Changes to Enduring Power of Attorney:
A key change is that there are now more checks and balances, meaning more responsibility for the attorney. For example, rules about witnessing and signing and limitations on who may be appointed as an attorney have been strengthened.
Advance Directive:
An advance directive is now a legally binding document if properly drafted and executed, meaning an adult has to be capable of understanding the nature and consequences of the proposed advance directive, it must be in writing, and be signed by 2 witnesses in the presence of the adult in B.C. Advance directives are written instructions giving or refusing consent to healthcare, for use at a time when an adult is not capable. The Ministry of Health is developing a voluntary form and is revising the “My Voice” document to reflect these changes.
Resources:
- The Office of the Public Guardian and Trustee has released an updated overview of these 3 legal personal planning tools.
- The Nidus Personal Planning Resource Centre has released a new fact sheet about amendments to representations agreements.
- Nidus has also released a new fact sheet about the amendments to enduring powers of attorney.
- The Ministry of Health has posted an overview of the changes to health care planning on their website as well as an FAQ document on advance care planning.
- The Ministry of Attorney General has also posted an overview of all 3 legal personal planning tools.
We will continue to keep you informed as more resources become available, but If you have questions regarding these changes or would like more information, contact Barbara Lindsay, Senior Manager, Advocacy and Public Policy and Privacy Officer at 604-742-4918 or blindsay@alzheimerbc.org.
