Personal Care is an important legal concept to understand if you or a loved one is starting to have capacity challenges.
Who can help you
Our BC Notaries would be happy to discuss personal care issues with you:
Our BC Lawyers would be happy to discuss personal care issues with you:
Want to make sure your quality of life is protected as you get older, or if you get sick?
What is personal care?
Personal care is all about your quality of life.
What are the things you do that make your life worth living? What are the things you do in life that you want to keep being able to do (as much as possible) as you get older, or if you get sick?
It’s a relatively new development in the BC legal system to think about this issue. As a result, there is not yet a lot of law around what constitutes “personal care”.
BC’s Representation Agreement Act sets out a definition of “personal care”:
“personal care” includes matters respecting
(a) the shelter, employment, diet and dress of an adult,
(b) participation by an adult in social, educational, vocational and other activities,
(c) contact or association by an adult with other persons, and
(d) licences, permits, approvals or other authorizations of an adult to do something;
The Representation Agreement Act also discusses some things that a representative (appointed under a Section 9 Representation Agreement) could help ensure happen for you, including personal care issues:
9 (1) In a representation agreement made under this section, an adult may, subject to subsections (2) and (3), authorize his or her representative to
(a) do anything that the representative considers necessary in relation to the personal care or health care of the adult, or
(b) do one or more things in relation to the personal care or health care of the adult, including any of the following:
(i) decide where the adult is to live and with whom, including whether the adult should live in a care facility;
(ii) decide whether the adult should work and, if so, the type of work, the employer, and any related matters;
(iii) decide whether the adult should participate in any educational, social, vocational or other activity;
(iv) decide whether the adult should have contact or associate with another person;
(v) decide whether the adult should apply for any licence, permit, approval or other authorization required by law for the performance of an activity;
(vi) make day-to-day decisions on behalf of the adult, including decisions about the diet or dress of the adult;
(vii) give or refuse consent to health care for the adult, including giving or refusing consent, in the circumstances specified in the agreement, to specified kinds of health care, even though the adult refuses to give consent at the time the health care is provided;
(viii) despite any objection of the adult, physically restrain, move and manage the adult and authorize another person to do these things, if necessary to provide personal care or health care to the adult.
Can’t my family just sort things out for me?
No. Unfortunately, if you are not able to make decisions about your personal and health care decisions yourself, and you have not appointed a representative under a Representation Agreement, then your (and your family’s) options are limited. Someone in your family must go to court and apply to become your Committee in order to be able to deal with your person, your financial affairs, or both.
How do I make sure I get to keep doing the things I love if I get sick, or can’t live on my own anymore?
If you really want to control the kinds of things that constitute personal care, you need to appoint a representative under a Representation Agreement. Contact us and we would be happy to help you determine the kind of Representation Agreement you should make, and what you should put in it.
If you have a friend or family member who is no longer capable of making a Representation Agreement, contact us, and we will discuss Committeeship options with you.
Tags: BC Lawyer, BC Notary, estate planning, personal care