Learn
Probate Power of Attorney Committee of the Estate View All Guides → Free Checklist Blog Our Team Contact Get Help Now

The short version: a Representation Agreement lets someone named as a "representative" make personal care and, in limited ways, routine financial decisions for an adult who can't make those decisions themselves. But it's genuinely easy to confuse with a Power of Attorney — and for real estate specifically, a standard Representation Agreement generally does not authorize selling a home. That almost always still requires a separate enduring Power of Attorney.

Section 7 vs. Section 9: the real difference

BC's Representation Agreement Act allows two different kinds of agreements, named for the sections of the Act that create them:

Neither type is generally the right tool for authorizing a real estate sale — that's a meaningful limitation worth understanding before assuming an existing Representation Agreement covers everything.

Why real estate needs a separate document

Because a standard Representation Agreement doesn't extend to real property, selling a home on someone's behalf almost always requires a properly prepared enduring Power of Attorney instead — see our Power of Attorney & Real Estate guide for what that actually requires. Many families set up both documents together as part of a complete plan: the Representation Agreement handling health and day-to-day decisions, the enduring POA specifically handling financial and property matters.

Mark Jontz sees this mix-up regularly: a family assumes an existing Representation Agreement covers everything, only to discover partway through planning a sale that real property was never actually included. Confirming exactly which documents exist — and what each one actually authorizes — is one of the first things worth sorting out, ideally before a property is listed.

If there's no Power of Attorney, only a Representation Agreement

If someone has become incapable and only has a Representation Agreement in place — with no enduring POA covering real property — selling their home generally requires applying to the BC Supreme Court for Committee of the Estate, a more involved process than simply using an existing authorization document. Worth understanding early, since the committeeship process can take real time to complete.

This page provides general information about BC's Representation Agreement Act and is not legal advice. Please have any existing documents reviewed by a lawyer or notary to confirm exactly what they authorize.

Common Questions

Representation Agreements — FAQ

Can a Representation Agreement be used to sell a house?
Generally not on its own. A Section 7 Representation Agreement specifically excludes authority over real property. Real estate transactions in BC typically require a separate enduring Power of Attorney, even if a Representation Agreement is already in place for health and personal care.
What's the difference between a Section 7 and a Section 9 agreement?
A Section 7 agreement can be made by an adult with limited capacity, as long as they can still express wishes and understand the document's basic nature — it covers routine financial matters (excluding real property), personal care, and most healthcare decisions. A Section 9 agreement requires full capacity to make and generally covers broader health and personal care authority, including end-of-life decisions.
If someone has a Representation Agreement, do they also need a Power of Attorney?
Usually yes, if real estate is involved. A Representation Agreement and an enduring Power of Attorney cover different things and are commonly set up together as part of a complete plan — the Representation Agreement for health/personal care, the POA for financial and property matters.
What happens if someone only has a Representation Agreement and needs to sell a home?
If there's no valid Power of Attorney covering real property, the remaining option is typically an application to the BC Supreme Court for Committee of the Estate — a more involved court process than using an existing POA. See our Committee of the Estate guide.
Representation Agreements

Not sure what your documents actually cover?

Tell us what's in place and we'll help you figure out plainly whether real estate is actually covered.

✓ Got it — we'll be in touch within one business day.
Something went wrong. Please call us at 250-861-6002.
📞 250-861-6002 💬 Text Us