When we think about estate planning, most of us focus on our will. But planning for what happens during your lifetime in the event of loss of capacity is just as important as planning for what happens after death. In British Columbia, one of the key tools for incapacity planning is a Representation Agreement.

What Is a Representation Agreement?

A Representation Agreement (often called an “RA” or a “Rep Agreement”) is a legal document that allows you to appoint someone who you trust to make personal and health care decisions for you if you become incapable of making those decisions yourself.

Your representative may communicate with doctors and other health care providers on your behalf and they can be authorized to make the following decisions:

• Give or refuse consent to medical treatment;
• Make decisions about whether you should relocated to long-term care or assisted living; and
• Decide where you will live and with whom.

In British Columbia, Representation Agreements are governed by the Representation Agreement Act and are a core part of a complete estate plan.

Why You Shouldn’t Delay Incapacity Planning

Many people assume they don’t need a Representation Agreement because they’re young, healthy, or “not there yet.” The reality is that incapacity can happen at any age due to illness, injury, or an unexpected accident.

Without a valid Representation Agreement in place, your loved ones may not automatically have the legal authority to make health care decisions for you. In some situations, they may need to apply to court under the Patients Property Act to be appointed as your committee. This court process can be time-consuming, stressful, and expensive.  Alternatively, the Public Guardian and Trustee may step in and take over such decision-making authority and charge you a fee for such service.

An Essential Part of Your Estate Plan

A Representation Agreement is typically prepared alongside your Will and your Power of Attorney. While a Will addresses what happens after you pass away, and a Power of Attorney deals with financial and legal matters during your lifetime, a Representation Agreement focuses on your personal and health care decisions.

Putting these three documents in place helps ensure:

• Your wishes are known and respected;
• The right person is legally authorized to act for you; and
• Your family avoids unnecessary legal hurdles during an already difficult time.

Learn more about estate planning 101 https://sitkalaw.ca/estate-planning-101-beyond-the-will/

Get Started Today

Our estate planning lawyers at Sitka Law Group are here to help. Contact us to schedule an initial consultation and ensure your future, and your family, are protected.

We’re conveniently located on Shelbourne Street, near the intersection of Victoria, Oak Bay, and Saanich.

This article is current as of March 23, 2026, and it is intended for general information purposes only. It is not intended to provide legal advice and should not be considered legal advice. Readers with concerns about how this affects particular situations or transactions should obtain the independent review and advice of legal counsel.