Experienced B.C. Estate Lawyers Assisting with Representation Agreements
While the thought is unpleasant, many of us may face a time when we are unable to make our own decisions with respect to our health or personal care. At some point in time, we may need to rely on trusted loved ones to make decisions on our behalf when we lack the necessary capacity to do so ourselves. In anticipation of this potential scenario, every person should have a representation agreement in place as part of a carefully considered estate plan.
Like an enduring power of attorney, a representation agreement can help avoid considerable time and expense for loved ones who may need to step in to act on your behalf on short notice. Having a properly-drafted representation agreement in place will allow someone you trust to assist with or take over the decisions with respect to your personal care. Without one, that person must apply to a court to be appointed as a committee; a process that can take time to complete, and at significant expense to the applicant. This is especially undesirable in the event of a health crisis when quick decisions are needed.
A Professionally Drafted Representation Agreement Provides Security for the Future
Contemplating a future in which we are unable to make decisions regarding our own health or personal care is a scary proposition. However, the discomfort of considering such an event is far outweighed by the relief of knowing you have a plan in place should such a day come. The estate planning lawyers at Cherkowski Marsden LLP are focused on making the process of planning for your future as comfortable as possible. We will review your concerns and wishes with you and provide knowledgeable advice on how best to draft an agreement that suits your needs.
We prioritize the comfort of our clients, and our office is a reflection of the care and consideration we put into this effort. You will find a casual and friendly atmosphere when you come to meet with us, free of the unnecessary stuffy formality of more traditional law firms. Our lawyers and administrative staff are all welcoming, approachable, and focused on making your experience with our firm as relaxed and stress-free as possible.
Considerations When Drafting a Representation Agreement
Similar to a power of attorney, which grants a trusted individual or individuals the authority to make financial and legal decisions on your behalf, a representation agreement grants authority to a trusted individual to make health and personal care decisions on your behalf. Given the significance of these decisions, it is crucial to choose someone you trust to protect your interests above all else. It is possible to choose more than one person, and if so, it is advisable that each representative be given the express authority to act independently. If that is not specified in the agreement, representatives will need to act unanimously, which can cause undue delay during an urgent medical situation.
Representatives are obligated to act with your wishes in mind. If they are able to communicate with you, they are obligated to consult you for your input. If they are not able to communicate with you, they must act based on interests you expressed prior to losing capacity. It is prudent to discuss your wishes regarding medical care with anyone you appoint as a representative in advance, but the best way to ensure your wishes are carried out precisely as intended is to create an advance directive, which will lay out all of your preferences with respect to your medical care in a legally binding document.
Allow the Seasoned Lawyers at Cherkowski Marsden LLP in Vernon & Salmon Arm to Create a Representation Agreement that Addresses all your Concerns
Planning for future medical care can be an unpleasant proposition, but the rewards of a well-defined plan are considerable. Knowing that your future decisions are in the hands of people you trust to always protect your best interests will grant you peace of mind and will make the process much less complicated for those whom you wish to represent you. Contact the estate planning lawyers at Cherkowski Marsden LLP to take the necessary steps towards a well-designed and carefully considered plan for your future care. Contact us online or by phone at 250-308-0338 (Vernon office) or 250-803-9171 (Salmon Arm office).