Section 1 definition of "near relative" BEFORE amended by 2007-34-40(a), effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-40(a) was amended by 2010-6-143, effective June 25, 2010 (BC Reg 192/2010).
"near relative" means a spouse, adult child, parent, adult brother or sister or other adult relation by birth or adoption;
Section 1 definition of "representation agreement" BEFORE amended by 2007-34-40(a), effective September 1, 2011 (BC Reg 14/2011).
"representation agreement" means an agreement made under this Act;
Section 1 definition of "personal care" was added by 2007-34-40(b), effective September 1, 2011 (BC Reg 14/2011).
Section 1 (1) definition of "spouse", paragraph (b) BEFORE amended by 2011-25-438, effective March 18, 2013 (BC Reg 131/2012).
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender;
Section 1 definition of "trust company" BEFORE amended by 2016-5-31, effective March 10, 2016 (Royal Assent)
"trust company" means a trust company, or extra provincial trust corporation, authorized under the Financial Institutions Act to do trust business.
Section 2 (a) BEFORE amended by 2007-34-41, effective September 1, 2011 (BC Reg 14/2011).
(a) to allow adults to arrange in advance how, when and by whom, decisions about their health care, personal care or financial affairs or about other matters will be made if they become incapable of making decisions independently, and
Section 3 (1) (b) BEFORE amended by 2007-34-42, effective September 1, 2011 (BC Reg 14/2011).
(b) making decisions about personal care, health care and legal matters and about the adult's financial affairs, business and assets.
Section 3 (2) BEFORE amended by 2023-10-1002, effective March 30, 2023 (Royal Assent).
(2) An adult's way of communicating with others is not grounds for deciding that he or she is incapable of understanding anything referred to in subsection (1).
Section 5 (1) (c) BEFORE amended by 2001-2-28(a), effective September 1, 2001 (BC Reg 99/2001).
(c) a credit union or trust company as long as the credit union's or trust company's authority under the representation agreement is confined to the adult's financial affairs, business or assets and to related legal matters.
Section 5 (2) and (3) BEFORE amended by 2001-2-28(b), effective September 1, 2001 (BC Reg 99/2001).
(2) An adult who names more than one representative in a representation agreement must in the agreement
(a) assign a specific area of authority to each representative,
(b) and (c) [Not in force. Repealed 2001-2-50.]
(3) [Not in force. Repealed 2001-1-50.]
Section 5 (1) (a) BEFORE amended by 2007-34-44(a), effective September 1, 2011 (BC Reg 14/2011).
(a) another adult;
Section 5 (1.1) was added by 2007-34-44(b), effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-44(b) was amended by 2010-6-143, effective June 25, 2010 (BC Reg 192/2010).
Section 5 (4) BEFORE amended by 2007-34-44(c), effective September 1, 2011 (BC Reg 14/2011).
(4) A representation agreement is invalid unless each representative completes a certificate in the prescribed form.
Section 5 (1) (part) BEFORE amended by 2023-10-1003, effective March 30, 2023 (Royal Assent).
(1) An adult who makes a representation agreement may name as his or her representative one or more of the following:
Section 7 (3) BEFORE repealed by 2001-2-29, effective September 1, 2001 (BC Reg 99/2001).
(3) The Lieutenant Governor in Council may prescribe a form of representation agreement containing the provisions authorized by this section, but the use of the form is optional.
Section 7 (1) (part) and (1) (a) BEFORE amended by 2007-34-45(a), effective September 1, 2011 (BC Reg 14/2011).
(1) In a representation agreement an adult may authorize his or her representative to help the adult make decisions, or to make decisions on behalf of the adult, about any or all of the following:
(a) the adult's personal care, including, for example, where and with whom the adult is to reside;
Section 7 (2.1) BEFORE amended by 2007-34-45(b), effective September 1, 2011 (BC Reg 14/2011).
(2.1) A representative may not be authorized under this section to help make, or to make on the adult's behalf, a decision to refuse life-supporting care or treatment.
Section 7 (2) (part) BEFORE amended by 2007-19-37, effective November 4, 2019 (BC Reg 114/2019).
(2) An adult may authorize a representative under subsection (1) (a) to accept a facility care proposal under the Health Care (Consent) and Care Facility (Admission) Act for the adult's admission to a care facility, but only if the facility is
Section 7 (1) (part) BEFORE amended by 2023-10-1003, effective March 30, 2023 (Royal Assent).
(1) In a representation agreement made under this section, an adult may authorize his or her representative to help the adult make decisions, or to make decisions on behalf of the adult, about any or all of the following:
Section 8 (1) (a) and (b) BEFORE amended by 2007-34-46, effective September 1, 2011 (BC Reg 14/2011).
(a) making a contract, or
(b) managing his or her health care, personal care, legal matters, financial affairs, business or assets.
Section 8 (1) (b) and (c) BEFORE amended by 2023-10-1003, effective March 30, 2023 (Royal Assent).
(b) managing his or her health care, personal care or legal matters, or
Section 9 (1) (g) BEFORE amended by 2001-2-30, effective September 1, 2001 (BC Reg 99/2001).
(g) conduct the adult's business or dispose of or manage the adult's assets that are not managed under section 7 (1) (b);
Section 9 (1) (h) and (i) BEFORE repealed by 2001-2-30, effective September 1, 2001 (BC Reg 99/2001).
(h) invest the adult's assets;
(i) undertake any other specified task, or make any other specified decision, that is not prohibited by law.
Section 9 (2) (b) BEFORE amended by 2001-2-31, effective September 1, 2001 (BC Reg 99/2001).
(b) the person who is consulted completes a certificate in the prescribed form.
Section 9 BEFORE re-enacted by 2007-34-47, effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-47 was amended by 2011-5-10, effective June 17, 2011 (BC Reg 111/2011).
Other provisions
9 (1) In a representation agreement, an adult may also authorize his or her representative to do any or all of the following:
(a) physically restrain, move or manage the adult, or have the adult physically restrained, moved or managed, when necessary and despite the objections of the adult;
(b) give consent, in the circumstances specified in the agreement, to specified kinds of health care, even though the adult is refusing to give consent at the time the health care is provided;
(c) refuse consent to specified kinds of health care, including life-supporting care or treatment;
(d) give consent to specified kinds of health care, including one or more of the kinds of health care prescribed under section 34 (2) (f) of the Health Care (Consent) and Care Facility (Admission) Act;
(e) accept a facility care proposal under the Health Care (Consent) and Care Facility (Admission) Act for the adult's admission to any kind of care facility;
(f) make arrangements for the temporary care, education and financial support of
(i) the adult's minor children, and
(ii) any other persons who are cared for or supported by the adult;
(g) do, on the adult's behalf, any thing that can be done by an attorney acting under a power of attorney and that is not mentioned in paragraphs (a) to (f) or in section 7 (1).
(h) and (i) [Repealed 2001-2-30.]
(2) A provision in a representation agreement that authorizes a representative to do anything described in subsection (1) is invalid unless
(a) the adult authorizing the representative consults with one of the following about the provision:
(i) a member of the Law Society of British Columbia;
(ii) anyone who belongs to a prescribed class of persons, and
(b) the person who is consulted completes a consultation certificate in the prescribed form.
Section 9 (1) (part) BEFORE amended by 2023-10-1003, effective March 30, 2023 (Royal Assent).
(1) In a representation agreement made under this section, an adult may, subject to subsections (2) and (3), authorize his or her representative to
Section 9.1 (c) BEFORE amended by 2007-34-48, effective September 1, 2011 (BC Reg 14/2011).
(c) must be exercised in accordance with this Act.
Section 11 BEFORE re-enacted by 2001-2-33, effective September 1, 2001 (BC Reg 99/2001).
11 Despite sections 7 (1) (c) and 9 (1) (c), an adult may not authorize a representative to refuse consent
(a) to the adult's admission to a Provincial mental health facility or psychiatric unit under section 22, 27, 28, 29 or 30 of the Mental Health Act,
(b) to professional services, care or treatment if the adult is detained under section 22, 27, 28 or 30 of the Mental Health Act, or
(c) to professional services, care or treatment under the Mental Health Act if the adult is on extended leave from a Provincial mental health facility or psychiatric unit under sections 37 and 39 of that Act.
Section 11 BEFORE renumbered as 11 (1) and amended by 2007-34-50(a) and (b), effective September 1, 2011 (BC Reg 14/2011).
Mental health decisions
11 Despite sections 7 (1) (c) and 9 (1) (c), an adult may not authorize a representative to refuse consent to
(a) the adult's admission to a designated facility under section 22, 28, 29, 30 or 42 of the Mental Health Act,
(b) the provision of professional services, care or treatment under the Mental Health Act if the adult is detained in a designated facility under section 22, 28, 29, 30 or 42 of that Act, or
(c) the provision of professional services, care or treatment under the Mental Health Act if the adult is released on leave or transferred to an approved home under section 37 or 38 of that Act.
Section 12 BEFORE re-enacted by 2001-2-34, effective September 1, 2001 (BC Reg 99/2001).
12 (1) An adult who wants to have a representative must either
(a) name in the representation agreement someone to act as monitor, or
(b) state in writing or dictate at the time of signing the agreement that a monitor is not required.
(1.1) Despite subsection (1) (b), an adult must name someone as a monitor if the adult proposes to authorize a representative to do anything referred to in section 7 (1) (b) unless
(a) the adult consults with a person referred to in section 9 (2) (a) (i) or (ii) and that person completes a certificate in the prescribed form, or
(b) the representative is the adult's spouse.
(2) An adult may name as monitor another adult who is willing and able to perform the duties and exercise the powers of a monitor.
(3) A person named in the representation agreement as monitor must complete a certificate in the prescribed form.
(4) If an adult does not comply with subsection (1) or (1.1), the Public Guardian and Trustee may appoint as monitor a near relative or friend of the adult who qualifies under subsection (2).
Section 12 (1) (c) BEFORE repealed by 2007-34-51, effective September 1, 2011 (BC Reg 14/2011).
(c) the adult consults with a person referred to in section 9 (2) (a) (i) or (ii) and that person completes a consultation certificate in the prescribed form.
Sections 13 (2) and (3) BEFORE amended by 2001-2-35, effective September 1, 2001 (BC Reg 99/2001).
(2) A representation agreement must be executed by the adult and by each representative and each alternative representative named in the agreement.
(3) The persons referred to in subsection (2) need not be present together when they execute the representation agreement, but each of them must execute the agreement in the presence of 2 witnesses.
Section 13 (1.1), (3.01) to (3.03) were added by 2001-2-35, effective September 1, 2001 (BC Reg 99/2001).
Section 13 (4) (c) and (d) BEFORE amended by 2001-2-35, effective September 1, 2001 (BC Reg 99/2001).
(c) the person signing the agreement is an adult who is not named as a representative or alternate representative in the agreement and is not a witness to the agreement, and
(d) the person signing the agreement and the witnesses complete a certificate in the prescribed form.
Section 13 (5) BEFORE amended by 2001-2-35, effective September 1, 2001 (BC Reg 99/2001).
(5) None of the following may witness the signing of a representation agreement:
Section 13 (7) BEFORE amended by 2001-2-35, effective September 1, 2001 (BC Reg 99/2001).
(7) If there is a defect in the execution of a representation agreement, a person named in the agreement as a representative may apply to the court for an order under section 31 (4) that the agreement is not invalid solely because of the defect.
Section 13 (1.1) (b) BEFORE amended by 2007-34-52(a), effective September 1, 2011 (BC Reg 14/2011).
(b) all certificates required under this section and sections 5, 6, 9 and 12 are completed.
Section 13 (2), (3.02), (5) and (6) BEFORE amended by 2007-34-52(b), effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-52(b) was amended by 2011-5-11, effective June 17, 2011 (BC Reg 111/2011).
(2) A representation agreement must be signed by the adult and by each representative and each alternate representative named in the agreement.
(3.02) No other witness is required if the adult's signature is witnessed by a person with whom the adult consulted under section 9 (2) or 12 (1) (c) and who completed a consultation certificate in the prescribed form.
(5) None of the following may witness the signing of a representation agreement by or on behalf of the adult:
(a) anyone named in the agreement as a representative or alternate representative;
(b) a spouse, child or parent of anyone named in the agreement as a representative or alternate representative;
(c) an employee or agent of a person named in the agreement as a representative or alternate representative;
(d) anyone under 19 years of age;
(e) anyone who does not understand the type of communication used by the adult who wants to be represented.
(6) A witness must complete a certificate in the prescribed form.
Section 13 (3.1) and (5.1) BEFORE repealed by 2007-34-52(b), effective September 1, 2011 (BC Reg 14/2011).
(3.1) If an instrument executed by a representative under a representation agreement made under section 9 of this Act is to be effective for the purposes of the Land Title Act,
(a) one of the witnesses to the execution of that agreement by the adult must be an officer as defined in section 41 of the Land Title Act, and
(b) the execution of the representation agreement by the adult must be witnessed or proved in the manner required for instruments by Part 5 of the Land Title Act.
(5.1) Subsection (5) (e) does not disqualify a person referred to in subsection (3.02) from witnessing a representation agreement as long as that person receives interpretative assistance to understand the type of communication used by the adult.
Section 13 (4) (d) BEFORE amended by 2007-34-52(c), effective September 1, 2011 (BC Reg 14/2011).
(d) the person signing the agreement and each witness complete a certificate in the prescribed form.
Section 13 (3.01) BEFORE amended by 2022-31-16(a), effective January 1, 2023 (BC Reg 279/2022).
(3.01) Subject to subsection (3.02), the adult's signature must be witnessed by 2 witnesses each of whom must sign the representation agreement.
Section 16 (2) (a) and (b) BEFORE amended by 2001-2-36, effective September 1, 2001 (BC Reg 99/2001).
(2) When helping the adult to make decisions or when making decisions on behalf of the adult, a representative must
(a) consult, to the greatest extent possible, with the adult to determine his or her current wishes, and
(b) comply with those wishes if it is practicable to do so.
Section 16 (3), (6), (8), (9) and (10) BEFORE amended by 2001-2-36, effective September 1, 2001 (BC Reg 99/2001).
(3) If the adult's current wishes cannot be determined or it is not practicable to comply with them, the representative must comply with any instructions or wishes the adult expressed while he or she was capable.
(6) A representative may not delegate any authority given in the representation agreement.
(8) A representative who is authorized under section 7 (1) (b) or 9 (1) (g) or (h) to make decisions about an adult's financial affairs, business or assets must
(a) keep accounting records, and
(b) keep the adult's assets separate from the representative's assets.
(9) A representative who is required under subsection (8) (a) to keep accounting records must produce the records for inspection and copying at the request of
(a) the adult,
(b) the adult's monitor, or
(c) the Public Guardian and Trustee.
(10) and (11) [Not in force. Repealed 2001-2-50.]
Section 16 (7) and (9) BEFORE amended by 2007-34-53, effective September 1, 2011 (BC Reg 14/2011).
(7) Section 19 (3) of the Health Care (Consent) and Care Facility (Admission) Act applies when a representative makes health care decisions on behalf of an adult.
(9) A representative who is authorized to do anything referred to in section 7 (1) (b) or 9 (1) (g) must keep the adult's assets separate from the representative's assets.
Section 16 (2), (4) and (5) BEFORE amended by 2023-10-1004, effective March 30, 2023 (Royal Assent).
(2) When helping the adult to make decisions or when making decisions on behalf of the adult, a representative must
(a) consult, to the extent reasonable, with the adult to determine his or her current wishes, and
(b) comply with those wishes if it is reasonable to do so.
(4) If the adult's instructions or expressed wishes are not known, the representative must act
(a) on the basis of the adult's known beliefs and values, or
(b) in the adult's best interests, if his or her beliefs and values are not known.
(5) On application by a representative, the court may exempt the representative from the duty under subsection (3) to comply with any instructions or wishes the adult expressed while he or she was capable.
Section 18 BEFORE amended by 2001-2-37, effective September 1, 2001 (BC Reg 99/2001).
18 (1) A representative of an adult has a right to all the information necessary to help the adult make, or to make on behalf of the adult, informed decisions under the representation agreement.
(2) Anyone who has custody or control of the information referred to in subsection (1) must disclose that information to the representative.
(3) This section is subject to any restriction in the representation agreement, but the section overrides
(a) any claim of confidentiality or privilege, except a claim based on solicitor-client privilege, and
(b) any restriction in an enactment or the common law about the disclosure or confidentiality of information.
Section 18 BEFORE re-enacted by 2007-34-54, effective September 1, 2011 (BC Reg 14/2011).
Rights of representatives to information
18 (1) A representative of an adult has the right to all information and documents to which the adult is entitled and that relate to the representative's area of authority under the representation agreement.
(2) A person who has custody or control of any information or document referred to in subsection (1) must, at the representative's request, disclose that information to the representative or produce that document for inspection and copying by the representative.
(3) This section is subject to any restriction in the representation agreement, but the section overrides
(a) any claim of confidentiality or privilege, except, subject to subsection (4), a claim based on solicitor-client privilege, and
(b) any restriction in an enactment or the common law about the disclosure or confidentiality of information, except a restriction in section 51 of the Evidence Act.
(4) The exception in subsection (3) (a) does not limit the right of a representative to information or documents to which the adult is entitled and that relate to a matter in respect of which the representative is litigation guardian under section 35.
Section 19 BEFORE amended by 2001-2-38, effective September 1, 2001 (BC Reg 99/2001).
19 An agreement made by a representative on behalf of an adult is binding on the adult, even after the representative no longer has authority under the representation agreement.
Section 20 (1) and (4) BEFORE amended by 2001-2-40, effective September 1, 2001 (BC Reg 99/2001).
20 (1) A monitor for an adult who has a representative must try to make sure that the representative complies with section 16 (duties of representatives).
(4) If the monitor has reason to believe that the representative is not complying with section 16, the monitor
(a) may require the representative to produce accounting records or to report to the monitor on the matters the monitor specifies, and
(b) must notify each person who signed the agreement of the representative's failure to comply with section 16.
Section 20 (5) BEFORE amended by 2001-2-40, effective September 1, 2001 (BC Reg 99/2001).
(5) After notifying the persons, the monitor must
(a) follow any directions given by the adult, if, in the monitor's opinion, the adult is capable of giving directions, or
(b) direct the representative to comply with section 16, if, in the monitor's opinion, the adult is not capable of giving directions.
Section 20 (6) BEFORE repealed by 2001-2-40, effective September 1, 2001 (BC Reg 99/2001).
(6) If the representative does not comply with the monitor's direction, the monitor must promptly inform the Public Guardian and Trustee.
Section 21 BEFORE re-enacted by 2001-2-41, effective September 1, 2001 (BC Reg 99/2001).
21 (1) On application by a representative or any other interested person, the court may remove or replace a monitor if
(a) the monitor is no longer acting as monitor or is otherwise unsuitable, and
(b) the adult who named the monitor is incapable of changing the representation agreement.
(2) If an application is made to remove or replace a monitor or if a monitor dies, becomes incapable or is for any other reason unable to act, the Public Guardian and Trustee may act as monitor until the court
(a) determines that a monitor is not required, or
(b) appoints another monitor.
Section 21 (3) (a) BEFORE amended by 2007-34-56, effective September 1, 2011 (BC Reg 14/2011).
(a) authorize that the monitor be remunerated, out of the adult's assets, for acting as a monitor in relation to authority given to a representative under section 7 (1) (a), (b) or (d) or 9 (1) (g), and
Section 22 BEFORE amended by 2001-2-42, effective September 1, 2001 (BC Reg 99/2001).
22 A representative or a monitor must not disclose information provided under this Act or obtained in the exercise of authority under a representation agreement, except to the extent necessary for the purposes of
Section 22 BEFORE re-enacted by 2007-34-57, effective September 1, 2011 (BC Reg 14/2011).
Duty to keep information confidential
22 A representative or a monitor must not disclose information or documents provided under this Act or obtained in the exercise of authority under a representation agreement, except to the extent necessary for the purposes of
(a) performing the duties or exercising the authority of a representative or a monitor,
(b) an investigation under section 30 (3) (a) or 31, or
(c) an application to the court.
Section 22 BEFORE amended by 2023-10-1005, effective March 30, 2023 (Royal Assent).
Disclosing information
22 A representative or a monitor must not disclose information or records obtained in the exercise of his or her authority except to the extent necessary
(a) to perform his or her duties,
(b) for the purposes of an investigation of the Public Guardian and Trustee under section 30 (3) (a) or 31, or
(c) to make an application to, or comply with an order of, the court.
Section 23 (1) BEFORE amended by 2007-34-58, effective September 1, 2011 (BC Reg 14/2011).
(1) A representative who complies with section 16 is not liable for injury to or death of the adult or for loss or damage to the adult's financial affairs, business or assets.
Section 26 (1) BEFORE amended by 2001-2-43, effective September 1, 2001 (BC Reg 99/2001).
26 (1) No person is entitled to be remunerated for acting as a representative unless the agreement expressly provides for the remuneration.
Section 26 (1.1) BEFORE amended by 2003-96-59, effective March 12, 2004 (BC Reg 90/2004).
(1.1) A representation agreement may not authorize the remuneration of a representative, alternate representative or monitor for any decision made or action taken by the adult, representative, alternate representative or monitor under Part 2 or 4 of the Health Care (Consent) and Care Facility (Admission) Act, and any provision of a representation agreement that purports to authorize such remuneration is void to that extent.
Section 26 (1) (c) BEFORE amended by 2007-34-59, effective September 1, 2011 (BC Reg 14/2011).
(c) one of the following conditions is met:
(i) the court, on application by the person named in the representation agreement as a representative, alternate representative or monitor, authorized that the remuneration be paid;
(ii) the adult consulted with a person referred to in section 9 (2) (a) (i) or (ii) and that person completed a consultation certificate in the prescribed form.
Section 27 (1) (b) and (d) BEFORE amended by 2001-2-44, effective September 1, 2001 (BC Reg 99/2001).
(b) in the case of a change to a provision authorized under section 9 (1), the adult consults with a person mentioned in section 9 (2) about the change and the person consulted completes a certificate in the prescribed form,
(d) written notice of the change or revocation is given to
(i) each representative,
(ii) each alternate representative,
(iii) the monitor, and
(iv) [Not in force. Repealed 2001-2-50.]
Section 28 (1) BEFORE amended by 2001-2-45, effective September 1, 2001 (BC Reg 99/2001).
(1) A provision of a representation agreement by which an adult authorizes a representative to do anything referred to in section 7 (1) (b) or 9 (1) (g) or (h) is cancelled
Section 28 (1) (part) BEFORE amended by 2007-34-60(a), effective September 1, 2011 (BC Reg 14/2011).
(1) A provision of a representation agreement by which an adult authorizes a representative to do anything referred to in section 7 (1) (b) or 9 (1) (g) is cancelled
Section 29 (1) (d) BEFORE changes were made by 2001-2-46, effective September 1, 2001 (BC Reg 99/2001).
(d) if an adult and the adult's representative are spouses, on their divorce or on the termination of their marriage-like relationship;
Section 29 (2) (a) BEFORE amended by 2001-2-46, effective September 1, 2001 (BC Reg 99/2001).
(a) more than one representative is named in the representation agreement and the remaining representative or representatives agree to continue to act, or
Section 29 (1.1) BEFORE amended by 2007-34-61(b), effective September 1, 2011 (BC Reg 14/2011).
(1.1) Subsection (1) (d) does not apply if
(a) the representation agreement provides that it does not end in the event of the termination of the marriage or marriage-like relationship, as the case may be, and
(b) the adult consulted with a person referred to in section 9 (2) (a) (i) or (ii) about the provision referred to in paragraph (a) of this subsection and that person completed a consultation certificate in the prescribed form.
Section 29 (1.2) BEFORE replaced by 2011-25-439, effective March 18, 2013 (BC Reg 131/2012).
(1.2) For the purposes of subsections (1) (d) and (1.1), a marriage is terminated when an agreement, judgment or order referred to in section 56 of the Family Relations Act is first made in respect of the marriage.
Section 29 (1.2) BEFORE amended by 2015-6-32, effective March 25, 2015 (Royal Assent).
(1.2) For the purposes of subsections (1) (d) and (1.1), a marriage is terminated on the earliest date that
(a) an agreement under the Family Law Act is made between the spouses after separation,
(b) a judgment granting a divorce of the spouses is made, or
(c) an order is made declaring the marriage of the spouses to be null and void.
Section 30 (1) (g) BEFORE amended by 2001-2-47(a), effective September 1, 2001 (BC Reg 99/2001).
(g) a representative is not qualified under section 5 (1) or (2),
Section 30 (1) (h) (ii) BEFORE amended by 2001-2-47(b), effective September 1, 2001 (BC Reg 99/2001).
(ii) failing to follow the instructions in the representation agreement or otherwise failing to make decisions in accordance with the wishes of that adult,
Section 30 (1) (i) BEFORE amended by 2001-2-47(c), effective September 1, 2001 (BC Reg 99/2001).
(i) a representative has given or proposes to give consent to health care that is not authorized by the representation agreement or that is inappropriate for the adult, or
Section 30 (3) (g.1) and (g.2) were added by 2001-2-47(d), effective September 1, 2001 (BC Reg 99/2001).
Section 30 (3) (g) BEFORE amended by 2007-34-62, effective September 1, 2011 (BC Reg 14/2011).
(g.2) authorize that a monitor appointed under paragraph (g.1) be remunerated, out of the adult's assets, for acting as a monitor in relation to authority given to a representative under section 7 (1) (a), (b) or (d) or 9 (1) (g) and set the amount or rate of the remuneration;
Section 31 (1) BEFORE amended by 2023-10-1006, effective March 30, 2023 (Royal Assent).
(1) The Public Guardian and Trustee may conduct an investigation without receiving a notice of objection under section 30 if he or she is of the opinion that there are grounds for objection under section 30 (1).
Section 42 (2) (a) BEFORE amended by 2001-2-49, effective April 20, 2001 (BC Reg 129/2001).
(a) prescribing classes of persons for the purposes of section 9 (2) (a) (ii);
Section 42 (2) (a.2), (a.3) and (3) were added by 2001-2-49, effective April 20, 2001 (BC Reg 129/2001).
Section 42 (2) (a) BEFORE repealed by 2007-34-64(a), effective September 1, 2011 (BC Reg 14/2011).
(a) for the purposes of sections 9 (2) (a) (ii), 12 (1) (c), 26 (1) (c) (ii) and 29 (1.1) (b), including regulations respecting the prerequisites for qualifying as a member of a prescribed class of persons;
Section 42 (2) (a.1) and (a.2) BEFORE amended by 2007-34-64(a), effective September 1, 2011 (BC Reg 14/2011).
(a.1) respecting what constitutes "routine management of the adult's financial affairs" for the purposes of section 7 (1) (b), including regulations limiting, modifying or supplementing the matters listed in subparagraphs (i) to (iv) of that section;
(a.2) prescribing for the purposes of section 16 (8) the form in which accounts and other records are to be kept by representatives;
Section 42 (3) BEFORE amended by 2011-5-32, effective September 1, 2011 (BC Reg 111/2011).
(3) The Lieutenant Governor in Council may prescribe one or more forms of representation agreement, but their use is optional.
Section 42 (4) was added by 2007-34-64(a), effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-64(a) was amended by 2011-5-12, effective June 17, 2011 (BC Reg 111/2011).
Section 42 (4) (e) BEFORE amended by BC Reg 243/2013, effective November 28, 2013.
(e) prescribing circumstances in which section 41 does not apply, or ceases to apply. and
Section 44.1 (a) BEFORE amended by BC Reg 14/2011, effective September 1, 2011.
(a) was made at any time before the date on which section 35 of the Adult Guardianship Statutes Amendment Act, 2001 comes into force, and
Section 44.4 was enacted by 2007-34-65, effective September 1, 2011 (BC Reg 14/2011).
Note: 2007-34-65 was amended by 2008-30-10, effective May 29, 2008 (Royal Assent).
Supplement, section 5 BEFORE changes were made by 2001-2-50, effective March 29, 2001 (Royal Assent).
Representatives
5 (1) [In force.]
(2) [Words in force.]
(a) [In force.]
(b) name the one who is to be the principal representative and the spokesperson for the other representatives, and
(c) specify a method for resolving any disputes among the representatives.
(3) A representation agreement naming more than one representative is invalid unless it contains the information described in subsection (2).
(4) [In force.]
1993-67-5.
Supplement, section 16 (10) BEFORE changes were made by 2001-2-50, effective March 29, 2001 (Royal Assent).
(10) Subsection (8) (b) does not apply to assets that were jointly owned by the adult and the representative before the representation agreement became effective, but in that case the representative holds the adult's interest in the assets in trust for the adult.
Supplement, section 27 BEFORE changes were made by 2001-2-50, effective March 29, 2001 (Royal Assent).
Changing or revoking agreements
27 (1) [Words in force.]
(a) to (c) [In force.]
(d) [Words in force.]
(i) to (iii) [In force.]
(iv) the registrar, if the agreement has been registered.
(2) A representation agreement may be changed under subsection (1)
(a) by adding, removing or replacing a representative,
(b) by removing or replacing a monitor,
(c) by deleting any provision of the agreement, or
(d) in any other way that is consistent with this Act.
(3) A change to a provision of a registered representation agreement becomes effective as follows:
(a) if the provision is in effect when the registrar is given written notice of the change,
(i) 72 hours after written notice of the change has been given to all of the persons mentioned in subsection (1) (d), or
(ii) at a later time determined under the agreement;
(b) if the provision is not in effect when the registrar is given written notice of the change,
(i) on the date the agreement or provision comes into effect, or
(ii) on a later date determined under the agreement.
(4) The revocation of a registered representation agreement becomes effective
(a) 72 hours after written notice of the revocation has been given to all of the persons mentioned under subsection (1) (d), or
(b) at a later time determined under the agreement.
1993-67-27; 1999-25-32.
Supplement, section 31 (3) BEFORE changes were made by 2001-2-50, effective March 29, 2001 (Royal Assent).
(3) After conducting the investigation, the Public Guardian and Trustee may do anything referred to in section 30 (3) (b) to (g).
Supplement, section 38 (1) (a) and (b) BEFORE changes were made by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) in the performance or intended performance of a duty or function under this Act or the regulations, or
(b) in the exercise or intended exercise of a power under this Act or the regulations.
Supplement, section 6 BEFORE repealed by 2006-33-2, effective September 1, 2011 (BC Reg 14/2011 and 141/2011).
Supplement, sections 14 to 16 BEFORE repealed by 2006-33-2, effective September 1, 2011 (BC Reg 14/2011 and 141/2011).
Agreements not effective unless registered — exception
14 (1) Subject to subsection (3), a representation agreement has no effect unless it is registered by the registrar in accordance with the regulations.
(2) The registrar may refuse to register a representation agreement until he or she is satisfied that it has been properly completed and executed.
(3) Before a representation agreement is registered, a representative may exercise the authority given by the adult in the agreement if
(a) the prompt exercise of the authority is necessary to protect the adult's interests,
(b) the agreement has been executed,
(c) the agreement has been or is about to be sent to the registrar for registration,
(d) the representative notifies the registrar that the representative proposes to exercise or has exercised the authority, and
(e) the representative acts within the authority and in accordance with the instructions set out in the agreement.
1993-67-14.
When agreements become effective
15 (1) [Words in force.]
(a) when the representative receives an assessment report under section 5 of the Adult Guardianship Act indicating that the adult is incapable of making the kinds of decisions the representative is authorized to make under the representation agreement, or
(b) [In force.]
(2) [In force.]
(3) A person named as a representative in a representation agreement that becomes effective as described in subsection (1) (a) or (b) must
(a) notify the registrar as soon as the agreement or a provision of it becomes effective, and
(b) allow the registrar to examine a copy of the assessment report under the Adult Guardianship Act or a copy of the confirmation of the event.
1993-67-15; 1999-25-31.
Duties of representatives
16 (1) to (9) [In force.]
(10) [Repealed 2001-2-50.]
(11) If a conflict of interest or a potential conflict of interest arises between an adult and the adult's representative, the representative must
(a) promptly notify the adult and the Public Guardian and Trustee, and
(b) consider any advice, or follow any instructions, the Public Guardian and Trustee gives about the conflict.
(12) [In force.]
1993-67-16; B.C. Reg. 111/00; 2001-2-50.
Supplement, section 23 BEFORE repealed by 2006-33-2, effective September 1, 2011 (BC Reg 14/2011 and 141/2011).
Liability of representatives
23 (1) [In force.]
(2) A representative who tries to the best of his or her ability to comply with the duties in section 16 (2) to (4) is not liable for injury to or death of the adult, or for loss or damage to the adult's financial affairs, business or assets, resulting from a breach of any of those duties if the representative acts in what the representative believes to be the adult's best interests.
1993-67-23.
Supplement, sections 27 to 31 BEFORE repealed by 2006-33-2, effective September 1, 2011 (BC Reg 14/2011 and 141/2011).
Changing or revoking agreements
27 (1) [Words in force.]
(a) to (c) [In force.]
(d) [Words in force.]
(i) to (iii) [In force.]
(iv) [Repealed 2001-2-50.]
(2) A representation agreement may be changed under subsection (1)
(a) by adding, removing or replacing a representative,
(b) by removing or replacing a monitor,
(c) by deleting any provision of the agreement, or
(d) in any other way that is consistent with this Act.
(3) and (4) [Repealed 2001-2-50.]
1993-67-27; 1999-25-32; 2001-2-50.
Automatic cancellation of financial, business or asset provisions
28 (1) [In force.]
(2) When a provision of a representation agreement is cancelled under this section, the following must notify the registrar:
(a) the monitor;
(b) if there is no monitor, anyone, other than the court or the registrar of companies, who knows of the representation agreement and the event that causes the cancellation of the provision.
1993-67-28; 1999-25-33.
When agreements come to an end
29 (1) [Words in force.]
(a) [In force.]
(b) on the court appointing a decision maker or a guardian, under the Adult Guardianship Act, for the adult who made the agreement;
(c) to (h) [In force.]
(2) [In force.]
(3) When a representation agreement ends under subsection (1), the following must notify the registrar:
(a) the monitor;
(b) if there is no monitor, anyone, other than the court, who knows of the agreement and the event that brings the agreement to an end.
1993-67-29; 1999-25-34.
Objecting to agreements, changes or revocations
30 (1) [Words in force.]
(a) to (e) [In force.]
(f) a representative is purporting to act under the authority of a representation agreement when the agreement is not in effect and section 14 (3) does not apply or when the relevant provision of the agreement is cancelled under section 28,
(g) to (j) [In force.]
(2) An objection is made by
(a) giving written notice of the objection in the prescribed form to the Public Guardian and Trustee, and
(b) serving a copy of the notice on
(i) the adult who has or wants to have a representative, and
(ii) each person who is a representative, alternate representative or monitor under the representation agreement or the proposed agreement.
(3) [Words in force.]
(a) [In force.]
(b) provide or recommend mediation services or other services to assist in
(i) resolving any dispute that appears to have caused the objection, or
(ii) finding out the wishes of the adult who has or wants to have a representation agreement;
(c) obtain advice or assistance from any person, board or other body;
(d) apply to the court for an order under the Adult Guardianship Act appointing a decision maker or guardian;
(e) to (h) [In force.]
1993-67-30; 1999-25-35; B.C. Reg. 111/00.
Supplement, section 35 BEFORE repealed by 2006-33-2, effective September 1, 2011 (BC Reg 14/2011 and 141/2011).
Legal proceedings
35 (1) [In force.]
(2) If a person commences or continues a proceeding against the adult, the person must serve notice of the proceeding on the litigation guardian and on the Public Guardian and Trustee.
(3) If the litigation guardian commences or continues a proceeding on behalf of the adult, or intends to settle or compromise a claim brought by, on behalf of or against the adult, the litigation guardian must serve notice of the proceeding, settlement or compromise on the Public Guardian and Trustee.
(4) No settlement or compromise of a claim referred to in subsection (3) is binding without the written approval of the Public Guardian and Trustee.
(5) The Public Guardian and Trustee is entitled
(a) to be heard if the litigation guardian applies to the court for approval of a settlement or compromise of a claim referred to in subsection (3), and
(b) to any costs the court orders.
1993-67-35; B.C. Reg. 111/00.
Supplement, section 38 BEFORE repealed by 2006-33-2, effective September 1, 2011 (BC Reg 14/2011 and 141/2011).
Protection of the registry staff
38 (1) No action or proceeding for damages may be brought against the registrar or a person acting on behalf of or under the direction of the registrar for anything done or omitted to be done in good faith by the registrar or that person
(a) in the performance or intended performance of a duty or function under this Act, or
(b) in the exercise or intended exercise of a power under this Act.
(2) Subsection (1) does not absolve the Public Guardian and Trustee from vicarious liability for an act or omission of anyone referred to in subsection (1) for which the Public Guardian and Trustee would be liable if this section were not in force.
1993-67-38; B.C. Reg. 111/00; 2007-14-215.
Supplement, section 40 BEFORE repealed by 2006-33-2, effective September 1, 2011 (BC Reg 14/2011 and 141/2011).
Existing health care authorizations
40 (1) A person may submit to the registrar, for registration in accordance with the regulations, a written authorization that was signed in British Columbia before this section comes into force and that authorizes another person to give or refuse consent to health care for the first person.
(2) A person who submits a written authorization under subsection (1) must complete a certificate in the prescribed form naming a monitor or stating that a monitor is not required and must submit the certificate to the registrar.
(3) A person who is authorized by a written authorization referred to in subsection (1) to give or refuse consent to health care and who has exercised the authority may submit the authorization to the registrar for registration in accordance with the regulations.
(4) A written authorization that is submitted for registration under this section is deemed, on registration, to be a representation agreement for the purposes of this Act.
1993-67-40.
Supplement, section 42 BEFORE repealed by 2006-33-2, effective September 1, 2011 (BC Reg 14/2011 and 141/2011).
Power to make regulations
42 (1) [In force.]
(2) [Words in force.]
(a) and (a.1) [In force.]
(b) providing for the establishment and operation, within the office of the Public Guardian and Trustee, of a representation agreement registry and for the designation of the registrar;
(c) respecting the powers and duties of the registrar;
(d) prescribing the procedure for registering a representation agreement, power of attorney or other document and for notifying the registrar when a document registered under this Act is changed or revoked or when a provision is cancelled;
(e) requiring representatives to submit to the registrar documents to establish or confirm the dates on which representation agreements, or provisions of representation agreements, come into effect;
(f) providing for appeals from decisions of the registrar;
(g) authorizing persons to search information recorded by the registrar about a representation agreement, power of attorney or other document;
(g.1) [In force.]
(h) prescribing registration or search fees.
1993-67-42; 1999-25-38; B.C. Reg. 111/00.