What happens if an adult does not have a Representation Agreement and he or she becomes incapable of making health and personal care decisions?
There is legislation in British Columbia that fills the gap without the need for Court intervention in relation to health care decisions. But, there are limitations to relying on this approach. If a Representation Agreement is not in place, a person’s health care providers must choose a temporary substitute decision-maker who has limited authority to give, refuse or revoke consent to health care on the adult’s behalf. The authority of the temporary decision-maker is temporary (21 days) and limited in scope in terms of the health care provided (it does not cover personal care decisions). The process for appointment and re-appointment is expensive; time consuming and burdensome on the health care providers.
