Advance Directives and Representation Agreements

The Canadian Bar Association, British Columbia Branch has published my article "Advance Directives and Representation Agreements: How do they differ?" in the February 2012 edition of Bartalk.

In an advance directive you can give or refuse consent to specific types of health care in case you later become incapable of making your own decisions.

In a representation agreement you can appoint someone to make health care and personal care decisions for you if you become incapable.

What happens if you make an advance directive concerning a health care matter over which you have also given your representative authority in a representation agreement? Which has priority? Does the advance directive supersede your representative's authority, or must a health care provider still consult with your representative?

You can find out by reading my article here.