A Representation Agreement is an Essential part to any Estate Plan​

 

What is a Representation Agreement and what can it do? 

A Representation Agreement ("RA") allows you to designate one or more individuals (your "Representative") whom you trust to make healthcare decisions on your behalf. An RA does not come into effect until such times as you become incapable of making such healthcare decisions on your own. Once you become incapable, your designated Representative under your RA can consent to or refuse healthcare on your behalf. Commonly, an individual will provide instructions to their Representative in their RA regarding their wishes to be kept or removed on life support systems.  

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What makes a Representation Agreement so Important?

If an individual becomes incapable of making consent for medical treatment without having an RA, the doctor and other health care providers will select someone to be your Temporary Substitute Decision Maker ("TSDM"). There is a default scheme in place for who can be selected to be your TSDM. First on the list is a spouse, then an adult child.

 

A TSDM will have authority to make health care decisions, but will not have authority to make decisions about your personal care (such as living arrangements, diet, grooming, spiritual matters, etc). Personal care matters often become increasingly important if you develop a chronic illness or condition such as Parkinson's or dementia and need facility care. The authority of a TSDM is "temporary" and if a health care provider determines you are incapable and decision needs to be made, then they call on a TSDM. 

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A Representative acting under the authority of an RA does not need to wait to be called on to make a decision. They can be proactive and advocate for your care. A Representative can help you at any time, with both health care and personal care matters. Another significant difference between a TSDM and a Representative is that a TSDM can only refuse life support on your behalf if the majority of the medical team agrees. A Representative acting under a RA can have final say, and will know your wishes better than a hospital medical team that has not met you before. 

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