Representation Agreement in Alberta: What You Need to Know

In Alberta, a Representation Agreement is a legal document that allows an individual to appoint someone to make decisions on their behalf in the event they become incapable of making those decisions themselves. This document is essential for individuals who want to ensure their wishes are respected even if they are no longer able to communicate them effectively.

The Representation Agreement is also referred to as an Enduring Power of Attorney (EPA), but it is important to note that there are differences between the two documents. While an EPA allows an appointed person to make financial decisions on behalf of an individual, a Representation Agreement gives an appointed person the power to make personal, health care and legal decisions.

Who can make a Representation Agreement in Alberta?

In Alberta, anyone who is at least 18 years old and capable of making their own decisions can make a Representation Agreement. The person creating the agreement is referred to as the “maker”, and they must have the mental capacity to understand the nature and consequences of the agreement.

It is essential to note that only an individual can make their own Representation Agreement – it cannot be made by someone else on their behalf.

Who can be appointed in a Representation Agreement?

The maker of the Representation Agreement can appoint one or more individuals to make decisions on their behalf. These individuals are referred to as the “representatives”. The representatives appointed in the Agreement can be family members, friends or professionals such as lawyers or accountants.

It is important to choose someone who is trustworthy, reliable and capable of making decisions in the best interest of the maker.

What decisions can a representative make in a Representation Agreement?

The Representation Agreement allows the representative to make decisions on behalf of the maker in the areas of personal, health care and legal matters. This includes but is not limited to:

– Medical treatment and care

– Living arrangements and accommodations

– Access to personal information

– Legal agreements and proceedings

– Financial and tax matters

– Admission to a care facility

It is crucial to ensure that the Representation Agreement covers all the areas that the maker wants to be included.

When does the Representation Agreement come into effect?

The Representation Agreement comes into effect when the maker becomes incapable of making decisions on their own behalf. A maker’s incapacity can result from a variety of factors, including injury, illness, disability or old age.

It is important to note that the Representation Agreement must be signed and witnessed while the maker is still capable of making their own decisions. If a maker becomes incapacitated before they have made the Representation Agreement, the court may have to appoint a guardian or trustee to make decisions on their behalf.

Conclusion

A Representation Agreement is a vital legal document that allows an individual to appoint someone to make decisions on their behalf in the event they become incapable of making those decisions themselves. It is important to ensure the Agreement covers all the areas that the maker wants to be included and to choose someone who is trustworthy and reliable as a representative.

If you feel that you need a Representation Agreement or have any questions about the process, it is essential to seek the advice of a lawyer experienced in Wills and Estate Planning.