BC Amends Laws Governing Personal Planning

Two laws changed in BC today (September 1, 2011): the Representation Agreement Act and the Power of Attorney Act.  Community advocates and lawmakers alike say that good laws just got better.

“Proclamation day means that Personal Planning is alive and well in British Columbia!  We look forward to working with our government and community partners to ensure that B.C. represents the “gold standard” for personal planning. — Christine Gordon, Chairperson, Nidus

Congratulations to the BC Government for continuing to lead the world in providing flexible, effective and inclusive options for personal planning.  Thanks to Nidus for nurturing and protecting fledgling laws that are just beginning to take wing.

Representation Agreements are extensively used by British Columbians to appoint legal representatives for financial, legal, health care and personal care matters.  Commonly known as Rep Agreements, the tool permits British Columbians to plan their personal affairs in the manner that best suits their personal situation, that most closely meets their personal wishes and at a relatively minimal expense.

Many adults who might not have legal capacity have appointed Representatives to act as Account Holders of their Registered Disability Savings Plans (RDSP), an ability widely envied in Canada’s other provinces because it enables the appointment of a legal representative without the onerous requirements of adult guardianship.

The amendments to Representation Agreements mean that:

• You cannot appoint a person who is paid to provide health or personal care services as a Representative (unless the person is a spouse, parent or child).  Nor can you appoint a person who is an employee of a facility that provides you with health or personal care services.  This is importance because of the vulnerability of people who are in care facilities.  Few people have so eloquently described this as Paul Caune, Executive Director of Civil Rights Now!
• If you appoint a Representative for health care or personal care matters, they are required to keep records.
• Your Representative is entitled to any information or documents that you would be entitled to
• Your Representative for personal or health care (with Standard, Section 7 powers) may not content to restraining, moving or managing you against your will.
• Your Representative (with Enhanced, Section 9 powers) must follow the requirements of the Power of Attorney Act.

Amendments to Enduring Powers of Attorney:

• Restrict who can be appointed
• Change the rules around remuneration
• Spell out the duties of an Attorney
• Change the rules around revoking an Enduring Power of Attorney or resigning as an Attorney.

For all the details on the changes to the Representation Agreement Act and the Power of Attorney Act, visit Nidus Personal Planning Resource Centre and Registry.

To join the online celebration and support the campaign to make September Personal Planning Month (in BC) visit: http://niduspersonalplanning.tumblr.com/