In place of what are commonly referred to as enuring or enduring powers of attorney will be something called a Representation Agreement pursuant to which substitute decision makers will be appointed. Currently the form used for a power of attorney is a prescribed form one page in length. It can be modified to limit the powers granted but generally, though a very powerful document, it is surprisingly simple. Representation Agreements are expected to be lengthy and complicated. Usually a lawyer will have to be involved in the preparation process.
Execution can be complex as well.
Because Representation Agreements will allow the grantor the ability to appoint a substitute decision maker in respect to health and personal decisions, these agreements are expected to be more useful than powers of attorney. In some instances, where powers of attorney are already in place, an individual may, if still competent, wish to consider also having a Representation Agreement to make health decisions when he or she is no longer able to for him or herself. Currently, advisors who practice in this area have identified a variety of potential problems with the new legislation. It is possible that changes will be introduced either when the legislation comes into force or at some later date. On the other hand, the various statutes that together form this new package of legislation has been in the works for several years now and it would be imprudent to expect further delays in its implementation.