British Columbia Medical Representation Agreement

24 (1) If a representative acting within the jurisdiction specified in a representation contract does not know and could not reasonably have known that the agreement or a provision thereof is not effective or invalid, The Representation Agreement Resource Centre representative has an online registry called nidus Registry, in which you can register your permanent mandate or a representation agreement, If you want. The fee is $25.00 for installation and first registration and $10.00 for each additional registration. You can sign up by going to www.nidus.ca on the Internet or asking for help from your family or friends. You can also call the Nidus Registry and Resource Center for help registering. Your phone number is 604-408-7414. 3. An adult who, under paragraph 1, is not required to designate a monitor may choose to designate as a monitor, in a performance agreement, a person who meets the conditions set out in paragraph 4. Your representative must also keep careful records of the activities performed on your behalf and provide you with the recordings, your monitor and/or the public guardian and mandatary upon request. If your representative is entitled in your representation agreement to settle your financial affairs, he or she must normally separate your property from his or her own. Except as expressly provided in the expanded agreement, a representative may not: (a) not be terminated simply because the adult will not subsequently be able to enter into a representation agreement giving this power to a representative, the law states that you cannot pay your representative to make health decisions for you.

If you wish to pay your representative to make decisions on personal assistance for you, this must be included in the agreement and approved by the Supreme Court of BC. There are certain documents (other than representation agreements and pension contracts) that allow you to express your wishes and values. These documents cannot replace your consent if you are unable to do so. But they are useful for facilitating discussions about your values, desires, and beliefs. Think about it: (c) the person signing the agreement is an adult who is not named in the agreement as a representative or alternate and who is not a witness to the agreement, any adult 19 years of age and older who is able to enter into a representation agreement can do so. Mental capacity is the ability to make reasoned decisions. A person who is able to do so must understand the context or nature of a decision and recognize the possible consequences of a decision. Under the BC Act, it is considered that every adult has skills. This means that a court, until proven otherwise, assumes that a person is able to make their own medical and financial legal decisions.

It is important to keep in mind that capacity is a legal concept and applies to the particular decision to be made. . . .

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