An adult (19 years of age or older in BC) who is capable of understanding the nature of authority being given to the Representative, and effect of giving authority may make a section 9 Representation Agreement. At Farley Martin Notaries Public, we take the time to ensure that our clients meet this capacity requirement through an interview process.
In the event the adult is unable to meet the capacity requirements for creating a Section 9 Representation Agreement, they may be able to create a Section 7 Representation Agreement.
To create this, an Adult Need not be capable of:
making a contract managing his/her own health, personal care, legal affairs, or financial affairs
The Adult must be capable of:
Communicating their desire to have a representative make, help make, or stop making decisions on their behalf. In addition, the adult must demonstrate whether they are aware that making the representation agreement, or changing or revoking any of the provisions, means that the representative may make, or stop making, decisions or choices that affect the adult. Demonstrating choices and preferences, and can express feelings of approval or disapproval of others. Communicating whether they have a relationship with the representative characterized by trust.