Section 7 Representation Agreement Capacity: Understanding the Basics
A Representation Agreement is a legal document that allows an individual to give someone else the authority to make health care and personal care decisions on their behalf. This document is important for individuals who may not have the capacity to make decisions for themselves or who may require assistance in making decisions.
Section 7 of the Representation Agreement Act, which is applicable in British Columbia, outlines the requirements for capacity when it comes to creating or entering a Representation Agreement. This section is critical when determining if an individual is capable of making a Representation Agreement.
What is capacity?
Capacity is the individual`s ability to understand the nature and consequences of their decisions regarding their health and personal care. In simple terms, capacity refers to whether or not an individual can make decisions for themselves and understand the implications of those choices.
Section 7 of the Representation Agreement Act outlines that an individual must have the capacity to enter into a Representation Agreement. This means that they must understand the nature and consequences of the agreement and the decisions that are being made on their behalf.
Who determines capacity?
The determination of capacity is made by a designated health care provider. This individual is usually a physician or a nurse practitioner who has expertise in assessing capacity. They will assess the individual to determine if they have the cognitive ability to comprehend the nature and consequences of the Representation Agreement.
The designated health care provider will document their assessment and provide the individual with a certificate of incapability if they determine that the individual does not have the capacity to enter into a Representation Agreement.
What happens if there is a dispute?
If there is a dispute regarding capacity, the court may be called upon to make a determination. The court will consider all the evidence and make a determination based on the balance of probabilities.
It is important to note that the court will consider the individual`s wishes and preferences when making a determination. However, if the court determines that the individual does not have the capacity to enter into a Representation Agreement, the court may appoint a representative to make decisions on their behalf.
In conclusion, Section 7 of the Representation Agreement Act is critical in determining an individual`s capacity to enter into a Representation Agreement. It is important to ensure that the individual understands the nature and consequences of the agreement and the decisions being made on their behalf. If there is a dispute regarding capacity, the court may be called upon to make a determination based on the balance of probabilities. By understanding these basics, individuals can ensure that they are making informed decisions regarding their health and personal care.