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Representation Agreement Vs Advance Directive

If a person already has a will to live, the will to reside is considered a prior (and therefore legally binding) directive when it is made and carried out in accordance with the formalities applicable to the prior directives provided by law. In our experience, most of the living who were previously established under B.C. legislation will not understand the statements that must be included in a prior directive and may not comply with the other formalities of a prior directive. In order for a representation agreement (section 7) to be effective, it is necessary to complete, if necessary, the following certificates: for a prior directive to be legally binding, the requirements of the law must be met. The directive must be written, signed by an adult of capacity and attested by two witnesses (unless a witness is a lawyer or notary). A witness cannot be someone who provides the adult with personal health or spouse-related care services, the child, the parent, the worker or the person`s agent. The advance directive must also establish that the adult knows that a health care provider cannot provide health care for which the adult refuses to give consent in the advance directive and that a person cannot be chosen to make, on behalf of the adult, decisions concerning health care for which the adult has given consent or refused in the prior directive. The standard forms published by the federal Department of Justice are intended to help individuals plan for future disability. The use of these forms is optional. Anyone wishing to enter into a representation agreement or permanent mandate should not use these standard forms, but must nevertheless ensure that their document complies with the requirements of the legislation. A prior directive is useful for a person who wishes to give concrete instructions on the level and type of medical treatment in situations where they can no longer make those decisions. For example, it may be helpful for a patient who adopts a long-term treatment plan for a serious illness to give their doctor certain instructions about this plan.

A prior directive may also ease the burden on the representative or close family members who would otherwise have to make these decisions without knowing the person`s wishes. However, a prior directive does not make a representation agreement redundant, as it will be difficult or impossible to predict and instruct all health decisions. Yes, you can amend or revoke your replacement contract at any time, provided you meet the same capacity requirements as required for an adult to reach an agreement. For more information on existing changes or withdrawals and representation agreements, please contact one of our notaries. Yes, at Farley Martin Notaries Public, we can help you develop your pension plan, including developing and presenting a representation agreement with health care instructions, a advance policy or a combination of both.

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