Community Coalition to Save the Representation Agreement Act

March 2004

BACKGROUNDER ON REPRESENTATION AGREEMENTS

The Representation Agreement Act protects people’s rights to:

Be treated with respect and dignity;

Keep their rights and identity as a person;

Get help and support from those whom they trust in the management of their personal and private affairs;

Have their individual preferences, values and beliefs respected.

On the other hand, Guardianship:

  • Takes away the person’s rights and identity (the person’s signature and name is no longer legally recognized when they have a guardian);
  • Gives the Public Guardian and Trustee (government official) the power to evaluate personal relationships;
  • Gives the Public Guardian and Trustee the power to oversee the management of people’s private affairs;
  • Gives decision-making power to other authorities such as courts, the state, and medical opinions, and takes it away from the individual.

Attorney General Geoff Plant’s statement while in opposition

The Attorney General recognized the importance of the Representation Agreement Act when he spoke in the legislature prior to its proclamation:

It seems to me that the introduction of representation agreements as a new planning tool is going to effect a very significant change in the way aging adults and other persons of limited capacity are able to plan, to maintain and to assign authority over decision-making in their lives. Representation agreements are bound to become a widely used planning tool, perhaps as familiar to British Columbians as, if not more so than, a will.[1]

The intent of reform

The current proposal by government to eliminate the Representation Agreement Act ignores the reason the Alzheimer Society of BC and the BC Association for Community Living initiated reform of adult guardianship and personal planning legislation in 1989. Their leadership created a unique legislative package and personal planning tool – to enable self-reliance and to reduce the state’s need for involvement in managing one’s personal and private affairs.

The use of Representation Agreements

The use of Representation Agreements is growing. They are accepted by banks, credit unions, Canada Revenue (formerly Revenue Canada), Canada Post, ICBC, Ministry of Human Resources, hospitals and many other institutions. Representation Agreements are being promoted by the BC Medical Association and other health professionals and care facilities. More and more lawyers are also learning about and drafting Representation Agreements.

It’s time to endorse what we know works

This is not the time to turn back the clock 15 years. We have a planning tool that is working well. It is making a significant difference to the lives of seniors, people with disabilities, people with injuries and to people with chronic illness. The public does not need nor has it requested different tools for different situations. Nor does it want disruption of this service.

This issue is about you, your parents, your sons and daughters. The proposed changes will once again make us ALL vulnerable to guardianship and control.

Please circulate this important information from

The Community Coalition to Save the Representation Agreement Act.

[1]British Columbia. Debates of the Legislative Assembly (Hansard), July 12, 1999, 14267, Geoff Plant, MLA for Richmond-Steveston.