- Who can make a representation agreement?
- What decisions can representatives make?
- What are the duties of representatives?
- Make a representation agreement
- If you think your representatives are taking your money
If you're an adult who has trouble with decisions, you can make a representation agreement. That means, someone else can make your day-to-day financial and personal decisions.
Who can make a representation agreement?
Who can make a representation agreement?
You must be:
- 19 years of age or older; and
- able to understand the nature and effect of the agreement — what you have written and what it will mean to your life.
Who cannot use a representation agreement?
A person with a degenerative disease such as Alzheimer's cannot use a representation agreement. They should use a enduring power of attorney instead.
How long is an agreement good for?
If 2 people are your representatives then the agreement will be good for 3 years. If you have 1 representative, then the agreement will be good for 1 year.
What decisions can representatives make?
- Where you can live and with whom.
- Whether you should work and, if so, the type of work, who you should work for and other things related to work.
- Whether you should go to any school or training program, and if so, the type of training and other decisions related to education.
- What your daily living activities are, including hygiene, diet, dress, your social activities and companions.
For any financial decisions, your representatives can:
- take money out of your bank accounts;
- sign, endorse, stop payment on, negotiate, cash or otherwise deal with cheques, bank drafts and other negotiable instruments on your behalf.
- Pay your bills, including your property taxes and loan and mortgage payments.
- Buy goods and services for your day-to-day living that you can afford and that match your lifestyle.
- Arrange and pay for a place for you to live other than by buying property or a home for you.
- Buy, renew or cancel household, motor vehicle or other insurance for you, except buying a new life insurance policy for you.
- Make contributions to your RRSP (registered retirement savings plan) and RPP (registered pension plan).
Your representatives can also:
- receive and confirm statements, passbooks or notices from your bank so that they can reconcile your accounts;
- receive and deposit your pension, income and other money in your bank accounts;
- transfer money between your bank accounts;
- take steps to get benefits or entitlements for you, including financial benefits or entitlements;
- keep your documents and property safe and available to you when you ask for them; and
- in relation to income tax:
- complete and send your income tax returns, or arrange for them to be completed and sent;
- deal with tax assessments, reassessments, additional assessments and all related matters on your behalf; and
- sign, on your behalf, all documents, including consents, concerning income taxes.
What decisions can representatives not make?
Your representatives must always deposit your money into your bank account before buying anything for you or paying your bills. They cannot make health care decisions for you. Appoint a "proxy" if you want to appoint someone to make your health care decisions.
- make any decision that is not explicitly set out in the your agreement;
- deposit your money in their bank account;
- use or renew your credit card or line of credit or obtain a credit card or line of credit for you;
- institute a new loan, on your behalf, including a mortgage;
- purchase or sell real property on your behalf;
- guarantee a loan, post security or indemnify a 3rd party on your behalf;
- lend your personal property or give it away as a gift;
- act on your behalf as director or officer of a company;
- invest any of your money in any investment not protected by the Canada Deposit Insurance Corporation; or
- do any other activity not listed in the regulations.
A representative has no authority to:
- execute or be the recipient of any assignment of your pension or other income;
- spend any of your cash before they deposit it in a bank account in your name; or
- take any of your cash or property or spend any of your money for the their own use
What are the duties of representatives?
- consult the best they can with you to find out what you want;
- follow your wishes, if it's reasonable to do so;
- follow any instructions or wishes you put in your agreement if your current wishes cannot be determined or it's not reasonable to follow them.
If no instructions or wishes are in the agreement
- act on the basis of your known beliefs and values, or in your best interests, if your beliefs and values are not known;
- not pressure you into signing the agreement or making certain decisions;
- act honestly and in good faith;
- exercise the care, diligence, and skill of a reasonably prudent person;
- act within the authority granted in the agreement;
- encourage and assist you to care for yourself and participate in making decisions;
- help you get the information you need about a decision;
- not try to get information about you without your permission;
- not talk about you with other people without your permission;
- not give other people information about you without your permission;
- make sure that personal information about you is kept safe;
- make sure that information about you is only used to make the decision; and
- get rid of information about you once it is no longer needed.
What records should representatives keep?
Representatives who are making financial decisions must keep accounting records. They must show you their records whenever you ask to see them. This is a safeguard for you and for them so that they can show how they've spent your money.
Make a representation agreement
How to pick your representatives
Pick people you trust and who who understand you. This could include a friend, relative, or advocate. You cannot pick:
- your boss who pays you for work;
- anyone you pay as an employee;
- anyone who gets paid for providing rent, room and board or other services to you ‒ this includes a supported independent living worker and an approved home operator;
- anyone who has had a court order against them under the Family Violence Prevention Act or part 4 of the Adult Protection and Decision-Making Act; or
- the spouse, child, parent, employee or agent of anyone in the categories listed above.
How to enter into a representation agreement
- Download and complete this form.
- Write out the names of the people who'll be your representatives.
- List the decisions you want your representative to make.
- State if there are any special requirements for ending your agreement before the expiry date.
- You and your representative must understand and agree to all the terms in the agreement.
- Have a designated witness sign the agreement.
Who is a designated witness?
- a person working for the government's Health and Social Services or Justice departments; or
- a health and social services or justice worker with a Yukon First Nation.
To find a designated witness, phone 867-667-5674 or 867-456-3946 in Whitehorse. Outside of Whitehorse, phone your social worker in your community.
Read our booklet about representation agreement.
If you think your representatives are taking your money
Accusing someone of stealing your money is very serious. But if you have good reason to believe that your representatives are stealing your money, ask for help. Talk to a Health and Social Services social worker in your community.
In Whitehorse, contact someone you trust, or Adult Services Unit. Phone: 867-667-5674.
If you have questions, phone 867-456-3946, toll-free in Yukon 1-800-661-0408, extension 3946.