Planning for the possibility of incapability or death is a reality of life. While most people don’t think about becoming incapable or passing away, it is important to put certain documents in place before a crisis occurs so you ensure your wishes are carried out.
A Representation Agreement is also known as a “living will”. Using a Representation Agreement you can give a trusted individual the ability to make decisions for you for your health and personal care needs. A Representation Agreement does not allow your representatives to handle real estate issues; they are covered by a Power of Attorney.
When you create your Representation Agreement you will want to identify a Representative, Alternate Representative and perhaps a Monitor. Choose carefully; consider your trust in each individual, their abilities and skills, and their understanding of your values and wishes. You can appoint a family member or friend, but you cannot appoint paid caregivers or an employee of a car facility where you reside.
Representation Agreements generally take effect once they are signed, however you can also schedule them to take effect at a later date if desired. Your Representatives and Monitor (if appointed) must also sign the Representation Agreement. A Representation Agreement ends when you die or you revoke the agreement.
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Term Definitions
Representative: Has the legal authority to act on your behalf if you are not able to speak for yourself or you no longer have mental capacity.
Alternate Representative: Back up for your Representative.
Monitor: Oversees the Representative(s) to ensure your wishes are being carried out, but does not make decisions for you.
Incapable: Defined as the “Physical or mental inability to do something or to manage one's affairs.” A person is deemed incapacitated when they are incapable of managing or identifying the consequences of decisions regarding their personal lives, their property or decisions about their health care.
