People who choose to draft a screening contract should take the time to check, reconsider and possibly update their instructions regularly, as their healthcare wishes may change and the availability of new technologies and medical treatments may influence their healthcare decisions. For a precautionary mandate to be legally binding, the requirements of the law must be met. The instruction must be in writing, signed by an adult of full age and attested by two witnesses (unless a witness is a lawyer or a notary). A witness cannot be someone who provides health, body care or financial services to the adult for compensation, nor the spouse, child, parent, employee or representative of that person. The precautionary mandate must also state that the adult knows that a health care provider cannot provide health care for which the adult refuses to give consent on a precautionary mission and that a person cannot be chosen to make decisions on behalf of the adult regarding health care for which the adult has given consent or refused on a precautionary mission. The introduction of the pension mission does not affect existing representation agreements. When an adult has both a pension mission and a replacement contract, the replacement contract generally takes precedence over the pension mission. The precautionary mandate is not effective with respect to instructions relating to a matter on which the adult`s representative has the power to make a decision, unless the representation agreement provides that the precautionary instructions may be carried out without the consent of the representative. If the pension contract is not mentioned in the representation agreement, the precautionary mandate serves as a prior wish that guides the representative`s decisions. Representation agreements and permanent powers are two types of legal documents that allow individuals to plan for the possibility of future disability. These are tools that allow a person to appoint another person to manage their personal and health needs and financial problems if they are not able to do so on their own.
If a person already has a patient`s prescription, the patient`s prescription is considered a precautionary (and therefore legally binding) mandate when it is issued and executed in accordance with the formalities provided by law for patient prescriptions. Based on our experience, most patient prescriptions previously issued under British Columbia legislation do not contain the statements that must be included in a precautionary order and may not complete the other formalities required for a prevention mission. Standard forms may not be suitable for everyone, as they offer only one way to establish a representation agreement or permanent power of attorney. For example, these forms provide for the appointment of a single representative or lawyer acting at the same time. There are also many other options in the legislation that are not reflected in these forms: for example, the nature of the authority that can be granted or when the document will come into force….