In family law, this usually applies to a party who receives a portion of the property in question before the property has been definitively divided by court decision or by the consent of the parties, usually to pay the lawyer`s fees for that person. There are drawbacks to not having a replacement agreement and simply relying on this “standard list” of people who make health decisions for you if you become incapable. You have no control over who ends up making health decisions, because the “standard list” must be followed in the right order, and you don`t have to end up having the person you want to decide for you. In addition, there are certain limits to the types of health care that alternative decisions, decision makers on your behalf can accept, and their authority is temporary. In addition, the “standard list” applies only to health care decisions – it does not apply to health care decisions. 3. Those referred to in subsection 2 are not present together at the signing of the representation agreement and one or more of them may sign in return. Any adult aged 19 and over who is able to enter into a replacement agreement can do so. Mental capacity is the ability to make sound decisions. A capable person must understand the context or nature of a decision and appreciate the possible consequences of a decision. Under THE BC act, every adult is capable of abilities. This means that, as long as there is no other evidence, a court considers that a person is in a position to make his or her own medical and financial decisions.
It is important to note that capacity is a legal term and applies to the particular decision that needs to be made. Some people with reduced capacity may not be able to make some decisions, but may be able to make others. For example, someone may have a cognitive deficit that prevents them from making financial decisions, but they may still be able to make health decisions. (e) when establishing, using or revoking a representation agreement, something inappropriate happened, if you wanted to enter into a representation agreement in accordance with Section 9, the review of legal capacity is quite different. Essentially, if you can understand the nature and consequences of the agreement, you have the capacity. As mentioned above, in a representation agreement, you can give your representatives the power to handle your personal and health affairs as well as your legal and routine financial affairs. Under the current BC Act, representation agreements can also cover important financial matters such as the purchase or sale of real estate. You can indicate in your representation agreement what your representative must respect when making decisions on your behalf and when and under what circumstances the agreement must enter into force. 12 (1) An adult who issues a representation contract that contains a provision that is admitted to section 7, paragraph 1, point b), designates in that agreement a person who meets the requirements of the subsection (4), unless a person who is not legally in a position to enter into an agreement with the provisions of Section 9 is not yet in a position to enter into an agreement in accordance with Section 7.
A Section 7 agreement is generally sufficient to cover your daily care needs. Under BC, you can also enter into an agreement under Section 7 if you are no longer able to make other legal decisions or manage your health care, health care, legal or financial affairs.