When planning for the future, many British Columbians are surprised to learn that there is more than one type of Representation Agreement. BC is unique for offering two levels of adult decision-making authority: a Section 7 Representation Agreement and a Section 9 Representation Agreement. Both formats are created under the Representation Agreement Act of British Columbia, which outlines the legal framework for supported decision-making in the province. Although the agreements serve similar purposes, they are designed for very different situations.
What Is a Representation Agreement?
A Representation Agreement is a legal document that allows an adult in British Columbia to appoint a trusted person to make decisions on their behalf. These decisions typically involve health care, personal care, or day-to-day financial matters. BC’s approach is rooted in the principle of supported decision-making, which aims to respect an adult’s autonomy as much as possible. This is why the law provides two different agreement types: one designed for adults who may already have diminished capacity, and another for adults who want to grant broader decision-making authority while they still have the ability to fully understand what they are signing.
Section 7 Representation Agreement (RA7)
A Section 7 Representation Agreement, often referred to as an RA7, is specifically designed for adults who may already have limited mental capacity but can still express their wishes and understand the basic nature of the document. These agreements allow a representative to assist with routine financial matters such as paying bills or handling everyday banking, as well as decisions involving personal care and minor or routine health care.
However, a Section 7 agreement does not permit a representative to make major health care decisions or make decisions regarding real estate. This limitation is intentional, as the RA7 is often used by adults who require support but still need protection from granting overly broad powers. Section 7 agreements are commonly used for individuals experiencing cognitive decline, adults with developmental disabilities, or anyone who does not meet the higher capacity threshold required for a more comprehensive agreement but can still participate in the decision-making process.
Section 9 Representation Agreement (RA9)
A Section 9 Representation Agreement, or RA9, gives a representative much broader authority over health and personal care decisions. This includes the ability to consent to or refuse major medical procedures and to make decisions related to end-of-life care, such as choosing whether life-support should be continued. A Section 9 agreement can also encompass decisions about living arrangements, diet, and daily routines. Unlike a Section 7 agreement, however, a Section 9 does not grant any authority over financial matters.
Because Section 9 agreements involve significant and potentially life-altering decisions, the capacity required to sign one is higher. The adult must fully understand the nature and consequences of granting this level of authority. For this reason, Section 9 agreements are typically used by adults who are planning ahead while they still have full capacity and want to ensure that someone they trust will be legally empowered to make important health care and personal care decisions if they can no longer do so themselves.
Why Representation Agreements Matter
Whether you choose RA7 or RA9, having a Representation Agreement in place provides essential protection. Without one, your family may lack the legal authority to make medical decisions on your behalf, even in emergencies. In some cases, loved ones may need to apply for a Committee Order, a stressful and costly court process. A well-prepared Representation Agreement ensures that your wishes are respected and that your family can act on your behalf without a court order for committeeship.
Next Steps
Representation Agreements are powerful tools that help British Columbians protect their future interests while preserving autonomy and dignity. Understanding the difference between Section 7 and Section 9 Representation Agreements ensures that adults receive the right level of support and that their chosen representatives have the appropriate authority.
If you are an adult with full mental capacity, the ideal documents for you are a Section 9 Representation Agreement, a Power of Attorney and Will. If you know an adult who has diminished capacity who can still communicate, a section 7 Representation Agreement is likely the way for them.
If you or a loved one is considering a Representation Agreement, our estate planning team at Westcoast Wills & Estates can guide you through your options, assess which agreement is most suitable, and ensure the documents are properly prepared and executed. Contact our office today to learn more or to book an appointment.
