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BC COALITION OF PEOPLE WITH DISABILITIES DECEMBER 2004 / JANUARY 2005 REPRESENTATION AGREEMENTS

REPRESENTATION AGREEMENTS · wisest things you can do for yourself. If you are over the age of nineteen, you can give yourself the security and peace of mind of having an Agreement

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Page 1: REPRESENTATION AGREEMENTS · wisest things you can do for yourself. If you are over the age of nineteen, you can give yourself the security and peace of mind of having an Agreement

BC COALITION OF PEOPLE WITH DISABILITIES DECEMBER 2004 / JANUARY 2005

R E P R E S E N T A T I O NA G R E E M E N T S

Page 2: REPRESENTATION AGREEMENTS · wisest things you can do for yourself. If you are over the age of nineteen, you can give yourself the security and peace of mind of having an Agreement

December 2004/January 2005 Transition 1

We welcome articles, graphics, creativewriting, et al. The editors reserve the right toedit material and to withhold material frompublication.

Transition Publication Society,BC Coalition of People with Disabilities204-456 W. Broadway,Vancouver, BC V5Y 1R3(604) 875-0188 • TTY (604) 875-8835Fax (604) 875-9227Transition only: [email protected]: [email protected]

We’re glad to see Transition materialrepublished, with credit to “Transition, BCCoalition of People with Disabilities” and theedition date.

Editorial Statement: The views and opinionsexpressed within the pages of Transition arenot necessarily those held by the totalmembership or Board of Directors. Thematerial presented herein is meant to bethought-provoking and to promote dialogue.Transition is a forum to share informationwithin the disability community, and withgovernment and the general public. It is alsoan opportunity for people with disabilities todisplay creative talent.

Transition is published six times a year by

the Transition Publication Society.

Subscriptions are available for $20/year.

Founding EditorRichard A. Watson

Editor/LayoutAnn Vrlak

Cover Illustrationcarol weaver

Cover LayoutFiona Gamiet

MailoutCoordinationFlorence Corbett

Researcher/ProofreaderEleanor PasholkoJane Dyson

Alternate FormatsVal StapletonEleanor Pasholko

AdministrativeAssistantElena Kubaseck-Berry

Privacy Statement

The BC Coalition of People with Disabilities (BCCPD) respects and upholds an individual’s right to privacy and theprotection of their personal information. The BCCPD is committed to ensuring compliance with British Columbia’sPersonal Information and Protection of Privacy Act (PIPA). The BCCPD will inform people what personal information itcollects about people and why. It will store information securely and identify who has access to the information itcollects. It will inform people what information will be shared, with whom, and why. BCCPD Privacy Officer: Mei Ng(604) 875-0188; Alternate: Jane Dyson (604) 872-1278; [email protected] Publications Mail Product Sales Agreement No.40051676

featuresEditorial by Joanne Taylor ..................... 2Representation Agreements 101 .......... 4Make the RARC your first stop.............. 6Where do I start? ..................................... 9Make your voice count:Register with Nidus .............................. 11Remembering Drew Dickey ................ 12Family, friends and a secure futureby Jo Dunaway ...................................... 14The flickering flame becomes awarm glow by Christine Gordon ............................... 22One lawyer’s perspective on RAsby Hugh McLellan ........................................................ 26

newshandyDART users change TransLink agenda .......... 8Transforming angerby Nancy Chamberlayne ............................................ 18Help applying for Disability Benefits ...................... 24Environmental illness and allergies ........................ 28Placing relatives with dementia in care ................ 31News from around the world .................................... 32

specialThe Society of Notaries Public of BC ...................... 20

HLN discussion on sexual health:February 2005 ............................................................... 29

Make the magic happen:Become a Kids on the Block Sponsor ..................... 30

in this issue

Page 3: REPRESENTATION AGREEMENTS · wisest things you can do for yourself. If you are over the age of nineteen, you can give yourself the security and peace of mind of having an Agreement

December 2004/January 2005 Transition2

C reating a RepresentationAgreement (RA) is one of thewisest things you can do for

yourself. If you are over the age ofnineteen, you can give yourself thesecurity and peace of mind of havingan Agreement already in place if youever need help. This Transition isdevoted to RAs: what they are, whatmakes them so valuable, and how youand your loved ones can make one anduse it.

When RepresentationAgreements became law in 2000, thepeople who knew about and supportedthem were little drops in a big pond.The ripples we made were oftendiverted by government inaction andinstitutional resistance to change. Ittook 7 years–1993-2000–of communitywork to put the law into force.

But thanks to the RepresentationAgreement Resource Centre (RARC)and community groups, like the BCCoalition of People with Disabilities,Representation Agreements arecreating larger and stronger ripples–inthe lives of individuals and in thecommunity-at-large. We have stayedon course because we believe in thevalue of Representation Agreements–legal documents that say who youwant to help you and make decisionsfor you if you need help because ofillness or disability or injury.

We have seen the difference anRA can make for everyone involved. Itempowers the individual. It eases theburden on family members andrepresentatives by setting up a web ofsupport with the individual. It gives

health care workers treatmentdirections and a chosen legalrepresentative to ensure the person’swishes and directions are followed.

Here are some of the thingspeople have told us about theirexperiences:

“Through the process of helpingmy son make an Agreement, I havebeen able to see my son as self-determined in ways I never sawbefore” (parent of a 20-year-old with adevelopmental disability).

“I am using the RepresentationAgreement to represent my mother inSmall Claims Court because theassisted living residence she was inwill not return her damage deposit. Mymom now lives in a care facility. Sinceassisted living-type residences aren’tcovered by the residential tenancylegislation, we have to pursue justiceon our own.”

“Making and registering myRepresentation Agreement has givenme such peace of mind. I havediscussed everything with the people Ihave chosen and I know they will do agood job” (a senior).

“I wanted to make sure mynaturopath could be involved in myhealth care if something happened tome. The Representation Agreementcan make that happen.” (a 35-year-oldadult).

“Making and registering aRepresentation Agreement was veryimportant for our blended family. Whenmy stepmother suffered a sudden anddeadly stroke, everyone pulledtogether. Because we all knew in

by Joanne Taylor

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December 2004/January 2005 Transition 3

Representation AgreementsIf you become ill....

If you are in an accident....

If you need assistance now....

Who will help you:

> Pay your bills?

> Give or refuse consent for medical

care?

> Make living arrangements for you?

A Representation Agreement (RA) is

a legal document that says who you

choose to help you if you need

assistance due to an illness, injury or disability.

It is your legal plan if you need help now or in the future.

See the next page for “Representation Agreements 101.”

advance who was responsible fordecisions and what her wishes were,we were all able to focus on the needsof my stepmother–and my dad.Imagine–nine adult step/children, plusspouses and grandchildren and noarguments! It was inspiring–eventhough we were in shock and it was asad loss for our family.”

“Making and registering myRepresentation Agreement means Iwill never become invisible if I can’tspeak for myself.”

You will read more stories aboutthe ripple effects of RepresentationAgreements throughout this Transition–for people with disabilities, seniors andtheir loved ones.

The Public Guardian and Trusteehas said that most people will notmake a Representation Agreement inadvance. He is basing that statementon what is happening in otherprovinces–and in BC up to now. Wewould like to prove him wrong-and Ihope you do too!

We have put together thisTransition with one message in mind:now is the time to make and registeryour Representation Agreement andhelp spread the word to others in thecommunity. Making your own is thebest preparation for teaching others.

The RARC has developedPresentation Packages so individualsand community groups can help raiseawareness among the public andamong members of their groups. Whenpeople become aware of theimportance of making a RepresentationAgreement, we have even more

resources to help. Some of these resources include self-help Kits to assist people to make and register anAgreement. We also offer legal clinics in Vancouver and onthe North Shore.

It’s time to take action–to ensure your wishes will behonoured when you need help with decision-making; toease the burden on family and friends; to avoid governmentinvolvement in your personal and private affairs.

And to make sure your Representation Agreement isavailable when needed, register it with the NiduseRegistry™. Read more about Nidus in this Transition.

Joanne Taylor is the Executive Director of the Representation Agreement Resource Centreand the Nidus eRegistry. ■

We have put together this Transition with onemessage in mind: now is the time to make andregister your Representation Agreement and helpspread the word to others in the community.

Page 5: REPRESENTATION AGREEMENTS · wisest things you can do for yourself. If you are over the age of nineteen, you can give yourself the security and peace of mind of having an Agreement

December 2004/January 2005 Transition4

Why make a RepresentationAgreement?In British Columbia, if you are an adult(19 years or older), no oneautomatically has the right to manageyour affairs if you need help because ofillness, injury or disability. However,you can give this authority to someoneyou trust by making a RepresentationAgreement.

If you do not make a legal plan,other authorities or the court–not you–will decide who can help you.

What are the benefits of makingand registering an Agreement?

• Your wishes are at the centre ofdecisions affecting you.

• You get help from people youchoose and who know you.

• People you choose will have thelegal power to help you.

• You avoid the extra costs anddelays that can happen if you donot have a plan.

• You avoid government involve-ment in your personal and privateaffairs.For both health and personal care

matters, making a RepresentationAgreement is the best protection foryour wishes. It saves delay, avoidsconflict and eases the burden onothers.

What areas do I need to cover?You need to cover the following areasin your RA:

• Financial and legal matters• Health and personal care

You may be able to cover all areas

RepresentationAgreements

The Sawyer family,members of

PlannedLifetime

AdvocacyNetwork

Let’s begin with some basics on RAs,what they can do and who can help.

101

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December 2004/January 2005 Transition 5

in a Representation Agreement. Or, ifyou own real estate property, you willuse the enduring Power of Attorney* tocover financial/legal areas and theRepresentation Agreement for health/personal care.

A RA is a written document thatmust be witnessed.

Who can make one?The law says that every adult (19 yearsand older) in BC can make aRepresentation Agreement, even ifthey cannot manage their own affairs.This is important because someonemay need help now due to a stroke,brain injury, dementia, developmentaldisability or other situation.

Where do I register mydocument?The Nidus eRegistry™ is the onlycentralized registry for RepresentationAgreements and enduring Powers ofAttorney.

Nidus is an on-line, private andsecure registry. It is available 24 hoursa day, 7 days a week should you orthose you authorize need to accessyour document(s). If you have author-ized your hospital, for example, theywill know to check Nidus to find yourAgreement. Nidus is a safe place foryour wishes (see “Make your voicecount” on p. 11 for more on Nidus).

How do I make and register myRepresentation Agreement?Contact the Representation AgreementResource Centre for more information

and for resources to help you make andregister your legal plan.

See the next page for RARCcontact information and description ofservices. ■

*An enduring Power of Attorney isan older law and, before Representa-tion Agreements, it was the only legaltool available for personal planning. Anenduring Power of Attorney does notcover health or personal care matters–itonly covers financial, legal and realestate property.

What about capability?

The traditional test of capability–deciding if someone is legally “capa-ble” to make decisions–is that youmust “understand the nature andeffect” of what you are doing. This isnecessary for making an enduring Power ofAttorney and for a Representation Agreement thatincludes broader powers, such as refusing lifesupport.

However, Representation Agreements with standardpowers [covering routine financial matters, minorand major health care, and personal care] do nothave an up-front test of capability. The law says thatall BC adults may make this Agreement, even if theycannot manage their own affairs.

The Representation Agreement Act says that theway a person communicates cannot be used as afactor in determining their capability. It recognizesthat people communicate their choices and wishesin many ways including by using symbols, gesturesor behaviour.

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December 2004/January 2005 Transition6

� Who should make a Representation Agreement?� Who can be my representative?� Do they have to live in BC?� Can I name more than one person?� Does it have to be a family member?� Do I have to go to a notary or a lawyer?� Where do I register my Agreement?

For the answers to these and other questions, contact theRepresentation Agreement Resource Centre (RARC). Volunteers andstaff of the RARC have practical experience helping people to makeAgreements, including things to consider for different life situations.

The RARC is a provincial, non-profit, charitable organization. Itwas established in 1995 and provides information, education andassistance to the public.

We’re here to helpThe RARC produces and distributes information materials, providesspeakers to groups, conducts training workshops for organizationsand professionals and assists individuals to make a RepresentationAgreement and register it with the Nidus eRegistry.

Self-help KitsThe RARC sells self-help Kits for people who want to make andregister their Agreement. Kits sell for $50 and include legal forms,step-by-step instructions, details on the rights and responsibilities ofrepresentatives, and how to register your completed form with Nidus.

Legal ClinicsLegal Clinics are available in Vancouver and on the North Shore forpeople who are making Representation Agreements that requireconsultation with a lawyer. A lawyer is needed if you want to give yourtrusted representative the authority to refuse or withdraw life supporton your behalf, according to your wishes.

informationmaterials

self-helpkits

legal clinics

individualassistance

speakers

training

NiduseRegistry

Make the RARC your first stopEveryone should make a Representation Agreement–before a crisis happens.

Page 8: REPRESENTATION AGREEMENTS · wisest things you can do for yourself. If you are over the age of nineteen, you can give yourself the security and peace of mind of having an Agreement

December 2004/January 2005 Transition 7

Nidus eRegistryThe RARC operates the NiduseRegistry, a centralized registry forRepresentation Agreements, soyour Agreement and wishes areavailable to authorized parties whenneeded.

The RARC thanks...the BC Retired Teachers’Association, Legal Services Societyof BC, The Law Foundation of BC,VanCity Credit Union, VanCityCommunity Foundation andLexmark for grants to support ourcurrent projects. We also rely ondonations from individuals. Taxreceipts are provided.

Contact the RARC at:Phone: 604-408-7414Fax: 604-801-5506E-mail: [email protected] floor, 411 Dunsmuir Streetat Homer, Vancouver, BCwww.rarc.ca. ■

From left to right: Pat Fulton, RARCPresident; Joanne Taylor, ExecutiveDirector and Program Director,Susanne Gray

“ Patients are encouraged to speak to their physi-cian about writing a Representation Agreement...Iteases the burden on family members who mightotherwise have to make decisions for someoneelse, and provides health care workers with treat-ment guidelines and a chosen legal representative.... a Representation Agreement is the only legallybinding future care consent plan.”BC Medical Association, November 17, 2003.

BCCPD UPDATENutrition/Food Project forPeople with Disabilities

Be part of a research project ondisability and nutrition.

There is a lack of research informationon how people with disabilities accessfood.

The BCCPD Wellness and Disabil-ity Initiative (WDI) and a graduatestudent from the Department of Hu-man Nutrition at UBC are starting aproject to explore how people withdisabilities access food including anybarriers and challenges they experi-ence. The data collection will begin inspring 2005 and will include briefinterviews of people with disabilitieswho are on disability benefits (PWD).

If you would like more informationabout this worthwhile project, pleasecontact Julieta Flores at [email protected] or 604-822-9214. ■

Page 9: REPRESENTATION AGREEMENTS · wisest things you can do for yourself. If you are over the age of nineteen, you can give yourself the security and peace of mind of having an Agreement

December 2004/January 2005 Transition8

BCCPD’s Wellness and Disability Initiative/AIDS andDisability Action Program has produced several bookletson HIV prevention. The booklets are plain language, in areader-friendly layout.

Booklets so far in the series are:Know About....HIV and AIDSKnow About....CondomsKnow About....Safer SexKnow About....Seniors and HIV

Small quantities are available free of charge in Canada.For more information, please contact Shelley Hourston [email protected] or 604-875-0188.

The Wellness & Disability Initiative (WDI) includes theAIDS & Disability Action Program (ADAP) and theHealth Literacy Network (HLN). WDI, ADAP and HLNprovide health and wellness information in plainlanguage and alternative formats. We serve people withdisabilities, familymembers, caregivers,healthcare workersand educators.

These HIV educationbooklets are funded bythe BC Ministry ofHealth and the BCMinistry of PublicSafety and BC SolicitorGeneral.

hiv/aidseducation booklets

handyDART users changeTransLink agenda

The Coalition of handyDART Usersapplauded a recent decision by theTransLink board to take handyDARTservice off their agenda. TransLink hadmade the decision to find a newhandyDART service provider, instead ofPacific Transit Cooperative.

At a November meeting, TransLinkChair and Surrey Mayor DougMcCallum said the TransLink board hadvoted to deal with the handyDARTissue over the next year and thatPacific Transit would continue to deliverthe service.

“This is a tremendous victory forthe users of the service, who hadurged the board to re-examine theentire handyDART organization in theGVRD,” said Paul Tubbe, of the Coali-tion. “We are delighted that theTransLink board has listened to theusers of the service who are thepeople who have the clearest perspec-tive on its strengths and weaknesses.”

The Coalition used the opportunityto bring forward other key recommen-dations which were accepted byTransLink:

1. immediately cease the tenderingprocess for VancouverhandyDART,

2. set up a planning table whichincludes consumers,

3. design a GVRD-wide handyDARTplan that coordinates rides andremoves jurisdictional boundaries,

4. maintain a status quo for allhandyDART contracts duringplanning. ■

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December 2004/January 2005 Transition 9

“Where do I start?”

This worksheet, produced by the RARC, is not a legal form. The Centre offersit as a place to start. Fill in your information and/or contact the Centre for helpto make and register your plan. Phone 604-408-7414 or email [email protected].

Page 11: REPRESENTATION AGREEMENTS · wisest things you can do for yourself. If you are over the age of nineteen, you can give yourself the security and peace of mind of having an Agreement

December 2004/January 2005 Transition10

by David Chalmers

Now let’s go back to our hospitalscene. You are lying unconscious in theemergency ward. Let’s assume thatyou have entered into a RepresentationAgreement and have appointed yourdaughter who is a physician as yourRepresentative.

The problem is that the hospitalstaff does not know that you haveentered into this agreement. They don’tknow who to call.

This is where the Nidus eRegistrycomes in.

Imagine the following scenario. Youare by yourself out on the town,

when suddenly you suffer a heartattack. You are rushed unconscious tothe hospital. A quick decision has to bemade on whether to performemergency surgery...

At this point, the hospital will actin accordance with the Health CareConsent Law. Hospital staff will try tocontact family members in a pre-determined order so that someonemay consent to the surgery. So, the

What people are saying aboutRepresentation Agreements

You are rushed unconscious to the hospital. A quick decision has to bemade on whether to perform emergency surgery...

person who ultimately makes a life anddeath decision on your behalf may nothave been your first choice.

While you may have granted aPower of Attorney that empowers atrusted relative to deal with your fi-nances during your incapacity, this hasnot granted anyone the power to makehealth care decisions on your behalf.

The solution to this problem maybe to enter into a RepresentationAgreement (RA). This is a legal docu-ment that empowers your chosenRepresentative(s) to make health careand personal care decisions on yourbehalf.

There is a wonderful organizationcalled the Representation AgreementResource Centre (RARC) that providesvery helpful and complimentary infor-mation about RAs.

The RARC provides a way for youto register the details of your Repre-sentation Agreement on a securewebsite registry for a very modestcost.

The hospital is one of a very fewentities that has access to theeRegistry information. Upon yourarrival, hospital staff check to see ifthere is a record for you. They findimportant details of your Representa-tion Agreement, including the emer-gency pager number of your daughter.

Congratulations. The combinationof a Representation Agreement andthe Nidus eRegistry may have justsaved your life.

From David Chalmers’ article in “The Financialist”, RogersGroup Financial, October 2004. ■

Page 12: REPRESENTATION AGREEMENTS · wisest things you can do for yourself. If you are over the age of nineteen, you can give yourself the security and peace of mind of having an Agreement

December 2004/January 2005 Transition 11

by Ron Usher CEO Juricert Inc.,Law Society of British Columbia

RonUsher

STEP 1�Make yourRepresentationAgreement

STEP 2�Register it with theNidus eRegistry™

Make your voice countRegister with Nidus

The Nidus eRegistry™ helps manageinformation about legal documents,such as Representation Agreementsand enduring Powers of Attorney, sothese important plans are availablewhen needed. Nidus is Latin for “nest.”

Registering with Nidus is a protec-tion for you and your wishes.

Nidus is operated by the Repre-sentation Agreement Resource Centreand the Law Society of BC’s JuricertProgram and Gateway File Systems, aprivate company based in Victoria.

The Law Society of BC is pleasedto be part of this first-in-Canada on-lineregistry for personal planning tools.One of the recent goals of the LawSociety, through Juricert Inc.™, is tohelp lawyers use current technology toenhance service to their clients. Nidusis one of the products we encouragelawyers to use.

Juricert is a unique initiative of theLaw Society of British Columbia.Juricert was created to confirm theidentity of people using the Internet forimportant professional communica-tions, such as court filings, governmentfilings and registration services.

For more information on Nidus,contact the Nidus eRegistry™ at 604-408-7414 or e-mail [email protected]. ■

Thank you to ourcontributorsJoanne Taylor

Jo Dunaway

Christine Gordon

Ron Usher

Hugh McLellan

NancyChamberlayne

Jane Dyson

Shelley Hourston

carol weaver

Fiona Gamiet

And the sponsor forthis edition

The Society ofNotaries Publicof BC

Page 13: REPRESENTATION AGREEMENTS · wisest things you can do for yourself. If you are over the age of nineteen, you can give yourself the security and peace of mind of having an Agreement

December 2004/January 2005 Transition12

Drew Dickey was inspired by music.He was an Elvis Impersonator–if

only for a brief inspired moment! Drewloved all kinds of music, especiallyplaying the drums.

Drew was also inspired by hisfamily: his big brother Rod, his dad,Rod senior, and his mom, Jo. Drew hada caring, loving family who neverabandoned their right to be part ofDrew’s life, despite the urging ofexperts who claimed they knew betterthan the family.

Drew was inspired by his experi-ences–especially those at Woodlands–many so painful they could never beforgotten.

Drew was inspired to be a pioneerand a leader. He, along with others,inspired:

• the closing of institutions forpeople with developmental dis-abilities in BC;

• the inclusion of people withdisabilities in the Canadian Charterof Rights and Freedoms;

• the idea of Individualized Funding,and

• the creation of RepresentationAgreements.For Drew, Representation Agree-

ments were an alternative to guardian-ship. When Drew Dickey signed hisRepresentation Agreement his motherJo hosted a “signing party” completewith champagne and chocolate cake.

The signing of Drew’s Representa-tion Agreement was also a celebrationof the community effort to create

alternatives to guardianship. For JoDickey, involved in the reform of guardi-anship law for over 10 years, it wasabout Drew’s right to have help fromthose he knew and trusted. “My soncouldn’t talk, but he was still able tomake decisions about his life, likesigning the Representation Agree-ment.”

While working on the new law,Drew’s family discovered that thePublic Trustee was legal guardian of hisfinances through a procedure called“Certification of Incapability.”

Living in Woodlands had automati-cally made Drew a “ward” of thegovernment. When the institutionclosed, no letter of discharge wasissued. With the help of his family andthe cooperation of the Public Trusteeand the Ministry for Children and Fami-lies, Drew was able to locate and havethe Certificate of Incapability dis-charged. Now the long forgotten andonce effective Certificate sitting in thefiles of the Office of the Public Guardianand Trustee, could not conflict with theRepresentation Agreement whichensured Drew would have assistanceto make his own decisions.

The signing of Drew’sRepresentation Agreementwas also a celebration of thecommunity effort to createalternatives to guardianship.

Remembering Drew Dickey

Drew’s mother Jo

Drew Dickey1955 - 2004

Page 14: REPRESENTATION AGREEMENTS · wisest things you can do for yourself. If you are over the age of nineteen, you can give yourself the security and peace of mind of having an Agreement

December 2004/January 2005 Transition 13

Certificates of Incapability are stillissued today by authorized healthprofessionals. These mean that thePublic Trustee automatically takes overthe person’s affairs. They may alsocancel an existing Power of Attorney.This may affect people with a mentalillness or dementia (such as AlzheimerDisease) who are admitted to a hospi-tal psychiatric unit or to a mentalhealth facility. Sometimes it alsoaffects those living in the community

Please make cheques payable to “BCCPD”

and send to us at Transition, c/o BCCPD,

204-456 W. Broadway, Vancouver, BC V5Y 1R3s u b s c r i p t i o n f o r mtransition

Privacy Statement The BC Coalition of People with Disabilities (BCCPD) respects and upholds an individual’sright to privacy and the protection of their personal information. The BCCPD is committed to ensuringcompliance with British Columbia’s Personal Information and Protection of Privacy Act (PIPA). The BCCPD willinform people what personal information it collects about people and why. It will store information securelyand identify who has access to the information it collects. It will inform people what information will beshared, with whom, and why. BCCPD Privacy Officer: Mei Ng (604) 875-0188 Alternate: Jane Dyson (604)872-1278 Email: [email protected]

when they have been assessedthrough a mental health unit.

The good news is that Represen-tation Agreements are an alternativefor people who need some assistanceand who wish to get this assistancefrom people they trust. Because aCertificate is difficult to discharge, it isimportant that people have the optionto make Agreements as a first resort!

Thanks Drew, for your manylegacies and inspiration. ■

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Page 15: REPRESENTATION AGREEMENTS · wisest things you can do for yourself. If you are over the age of nineteen, you can give yourself the security and peace of mind of having an Agreement

December 2004/January 2005 Transition14

The Cucek Family “Our Representation Agreement hasgiven our family peace of mind,” saysLinda Cucek. Her 19-year-old son Jamierecently made a RepresentationAgreement (RA) with his parents Lindaand Stan as his representatives, andhis brother Brian as his alternaterepresentative.

Jamie has high-functioning au-tism. He graduated from high schooland is a talented pianist. But there aretimes when the side effects of hisvarious medications cause him to act inan irrational manner.

“It can be the roller coaster fromhell,” says Linda. “His medications can

make him very paranoid and angry. Hewill sometimes just take off if no one iswatching.”

In the past, Jamie was placedbriefly in a group home against hiswishes and those of his parents. WhenJamie was admitted to hospital to havehis medications adjusted, he was keptin the psychiatric ward or in isolation, asituation that frightens and frustratesJamie and his entire family.

Not long ago, side effects of hismedications caused Jamie to halluci-nate and become paranoid, and he fledto his neighbours for protection fromhis family. Fortunately, a knowledge-able policeman was able to help re-solve that situation.

To Linda, this latest episode was asignal that something had to be doneto protect Jamie who was now anadult and legally beyond his parents’control.

“We knew that once Jamie hadturned 19, we would no longer haveparental control,” says Linda. “It reallyfrightened us–and it frightened Jamietoo–that if he were having an episode,decisions could be made for him thathe wouldn’t want.”

Linda and her family were referredto the Representation AgreementResource Centre by advocates at theBCCPD and found, Linda says, “peaceof mind and security.”

With the Representation Agree-ment that he helped draft, JamieFrom left to right: James, Linda and Brian Cucek

How are RAsused in the“real world”?Transitionspoke withsome peoplewho havemadeAgreementsand used them.

Family, friends and a secure future by Jo Dunaway

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December 2004/January 2005 Transition 15

knows that the wishes he has ex-pressed when he is calm will behonoured when he is suffering fromthe side effects of medications. Andhis family feels empowered becausethey have the legal standing to speakup for Jamie and carry out his wishes.With older brother Brian a party to theRA as alternate representative, thefamily feels more comfortable aboutJamie’s future.

The Cuceks have registered theirRepresentation Agreement with Nidusso a copy will be available, 24 hours aday, if it is needed.

”Our Representation Agreementhas made such a huge difference.We’re like a different family now, notalways dreading what is going tohappen next,” says Linda.

Fay SherlockFay lives with her two dogs, Polo andSkippy, in a co-op in Burnaby. She usedto live in Woodlands, a facility for

”Our RepresentationAgreement has made such ahuge difference. We’re like adifferent family now, notalways dreading what is goingto happen next.”

continued on next page

Do I have to go to a lawyer ornotary public?

For certain powers to be effective, such asdealing with real estate matters, your docu-ment must be signed by a legal professional.The RARC can refer you to legal help.

Transition has competitive advertising rates,as well as special rates for non-profit organizations.

Reach everyone in our distribution list: people withdisabilities, community organizations, businesses,public facilities and more.

See our website for information on rates atwww.bccpd.bc.ca or contact the office at604-875-0188.

Thisad spacecouldbe yours.

See the inside back cover for our non-profit rates.

transitionBC COALITION OF PEOPLE WITH DISABILITIES

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December 2004/January 2005 Transition16

people with developmental disabilities.She is a member of the WoodlandsAction Group and it was at one of thegroup’s meetings that she found outabout Representation Agreements.

“Joanne and Susanne from theRARC came and told us about what aRepresentation Agreement is for,” saysFay. “I liked the idea that it could pro-tect you and no one could take advan-tage of you.”

Fay is determined and persistent.She didn’t like the first RA she madeand she decided she did not want thepeople she had chosen as representa-tives involved in her decision-making.So, she revoked it and made a newAgreement. She now has two repre-sentatives that she trusts.

Fay takes medication for a mentalillness and has several health problemsthat require constant medical care andresult in frequent encounters withhealth care facilities. She makes herown medical decisions, but she wantsto make sure that her decisions wouldbe listened to and that she will havepeople who she trusts to help her ifshe is unable to make her own deci-sions.

She has learned that it is notenough to have a legal document–youhave to make sure that people knowyou have it and that they understandand respect it. Fay had a bad experi-ence at a hospital that dismissed her

claims that she had a RA. The hospitalstaff also decided that her agitatedbehaviour meant she was not capableof making her own decisions. Afterthat, Fay took steps to make sure itdidn’t happen again. She has given thatparticular hospital a photocopy of herAgreement to keep on file and shecarries a card in her wallet from theNidus eRegistry with the names of herrepresentatives and their phone num-bers. She has also made all her doctorsaware that she has an Agreement inplace and who her representatives are.

Having a Representation Agree-ment makes Fay feel that she can takemore control over her future. She istrying to set up a living arrangementthat will keep her safer and is lookingfor a subsidized suite in a buildingwhere there will be someone shecould call on if she needed help. “Ihave a condition where I get sick verysuddenly and there’s no one where Iam now to check on me.” Ideally, theplace will have a fenced yard for Poloand Skippy to play in.

Lori Holmes and her grandmotherWhen Lori Holmes’ grandmother, avery independent 80-year-old, ended upin hospital and could not go back toliving alone, Lori stepped in. She soonrealized that, while being named a“committee” (court appointedguardian) could help with things likesorting out where her grandmother’sprivate pension would be redirected, itwasn’t going to help with a lot of otherpractical and personal issues–and it isexpensive to go to court.

The Public Trustee Office sug-gested that Lori contact the RARC to

Family, continued from previous page

Fay had a bad experience at ahospital that dismissed her claimsthat she had a RA.

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December 2004/January 2005 Transition 17

see how she could help her grand-mother make decisions about herneeds. She learned about RAs, and sheand her grandmother created onenaming Lori as the representative andanother relative as the monitor. Ithelped with many practical issues suchas having her grandmother’s mailredirected, clearing out her apartmentand deciding how to deal with herpossessions. And some personalissues were made more manageablebecause Lori was able to express whatshe knew her grandmother wished, likegoing to her favourite hairdresser, evenif in some instances it was impossibleto give her exactly what she wanted.

“My grandmother has alwaysbeen independent and taken care ofherself,” Lori says. ”She didn’t want tobe in a facility. If she had to leave herown home, she wanted to go and livewith a friend. This was impossible. Thelevel of care she needed was toogreat.” But, along with making thatdifficult decision, Lori made sure thather grandmother’s friend remainedinvolved in her grandmother’s life.

”It has been so good to be able toparticipate in health care decisions. Ireally feel that I am helping my grand-mother take care of herself. The Repre-sentation Agreement is there to protecther.”

When most of the practical itemswere taken care of, Lori set her sightson having her grandmother moved to afacility in Victoria where she would becloser to Lori and her family. The fre-quent trips to the Lower Mainland weretaking a toll on Lori’s family and on herown health.

“I’d worry until I could go over tosee her and I’d worry all the time that I

wasn’t there,” Lori remembers. “Some-times I’d make a trip over in the morn-ing and come back that night. I wasexhausted,” says Lori. “I knew it wouldbe better if she was here in Victoria.Now she has family and some oldfriends near by.”

Finally, in mid-November, with thehelp of her RA and a lot of persistence,Lori was able to set her grandmotherup with a new doctor and move herinto an Extended Care facility in Victo-ria. She still feels the heavy responsibil-ity of being the sole representative onher grandmother’s RA–the only personthat her grandmother feels comfortableenough with. But she feels that sheunderstands her grandmother’s wishesand can see that with the RA they arehonoured. And, having her grand-mother close by has made thingseasier for Lori and her family.

“Christmas is a special time formy grandmother. We’re already plan-ning outings, like going to see thelights,” says Lori. “I’m glad she’s goingto be able to do family things togetherwith her granddaughter and her great-grandchildren. She was always therefor me. So now I’m able to be there forher.” ■

“I really feel that I am helping mygrandmother take care of herself.The Representation Agreement isthere to protect her.”

What if I havea living will?

The Representa-tion AgreementAct is BC’s“living will”legislation. If youwant your livingwill or advancedirective to belegally binding,make aRepresentationAgreement.

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December 2004/January 2005 Transition18

Transforming angerby Nancy Chamberlayne

Anger explodes in me. Curses spewfrom my mouth. I have just had apainful, shocking fall. I am wrestlingwith anger....again.

Since my 1987 diagnosis ofMultiple Sclerosis (MS), my body hasbeen fatigued, had poor balance, lossof leg strength and coordination, numb-ness, tingling sensations and bladderand bowel problems. I often feel I haveno control over my body, my anger orwhat comes out of my mouth.

When I hurt myself or get foiledbecause my body does not do what I

think it “should” due to my physicaldisabilities, anger erupts. Immediately Ithink, how could my body do this tome? Enough of these frustrations, Iwant control. How could my body beso stupid? I’m scared!

The power of my anger shocksme, yet I allow it to surface. Theseangry thoughts are self-destructive.They cause terrible tension in my mindand body, to the point of sometimesirritating my MS symptoms. It is alsounpleasant for my husband to hear. Theconsequences of my anger are lousy. Irealize I need to change my behaviour,but how?

With personal counselling and byparticipating in Adlerian psychologycourses, I have learned that I can, andneed, to take responsibility for myanger. I have a choice about whichemotion I choose to use and how Ichoose to use it.

Adlerian Psychology taught methat I am not the victim of myemotions. Choice gives me greatfreedom. I can either choose to beangry or not. I am in a power strugglewith my MS and I need to bow out.Intellectually, I know this, but in theheat of the moment it is not easy toput into practice. Right now, I am“catching myself in the act” of beingangry which enables me to make achoice. I may not be able to control theMS, but I can control my thoughts. Iam learning that I can either choose tobe angry, use a different emotion orfind a different way to express myanger.

Alfred Adler, the founder ofAdlerian Psychology, believed that

Immediately Ithink, howcould my bodydo this to me?Enough ofthesefrustrations,I want control.

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December 2004/January 2005 Transition 19

emotions always serve a purpose. Myanger is there so I don’t pity myself,burst into tears and/or succumb to fear.My anger is like lightning. It is over in aflash. I don’t carry the anger or take itout on others.

Adlerians believe emotions arelike the gas in a car, the driving forcebehind our movements. I amconverting my anger into useful energy.My anger becomes action, supportingmy determination to keep going,providing the incentive to reach mygoals. With perseverance and the useof my cane, I stand up on my wobblylegs. This is the positive side of anger.

Recently, I had the revelation thatmy body is my friend. My body is doingthe best it can with what it has. Mybody is working very hard for me. NowI get angry at the disease not my body.

When I choose to be angry, I amnow aware of how I am using theenergy generated by my anger. Mybehaviours are changing. I am slowlylearning not to get wrestled to the matby my anger. I am using itconstructively, except for theswearing...that has got to go! ■

I am converting my anger intouseful energy. My anger becomesaction, supporting mydetermination to keep going,providing the incentive to reachmy goals.

Thank you to the funders of our CPPD program:the BC Ministry of Human Resources

Disability BenefitsCPPD Advocacy Access

Unlike provincial disability benefits, CPPD benefits isnot asset tested: there is no limit to the personalassets you can have. Receiving income from othersources (with the possible exception of employmentincome) will not disqualify you from receiving CPPD.

Unlike provincial disability benefits, you will keep yourCPPD if you become involved in a dependentrelationship, e.g. if you get married.

Most people receiving provincial disability benefits willstill get a top-up from the Ministry. This means you willnot lose your medical coverage and annual bus passwhen you qualify for CPPD.

You do not have to apply for CPP early retirementbenefits at age 60 if you are already receiving CPPD.

You can attend school or do volunteer work withoutjeopardizing your CPPD.

If you move to another province your CPPD will gowith you.

CPPD is taxable, but recipients can apply for theDisability Tax Credit.

Phone Advocacy Access for one-on-one assistancewith CPPD appeals, tribunals and Pension AppealsBoard cases.

Local calls: 872-1278Toll-free: 1-800-663-1278TTY: 875-8835

✔ Are you a Ministry of Human Resources client?✔ Have you recently been denied CPP Disability?✔ If so we can help you to appeal.

About CPP Disability benefits

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December 2004/January 2005 Transition20

What services can a BC Notary provide?• Affidavits for All Documents required at a Public Registry within BC• Authorization of Minor Child Travel• Business Purchase/Sale• Certified True Copies of Documents• Commercial Leases and Assignment of Leases• Contracts and Agreements• Easements and Rights of Way• Estate Planning• Execution/Authentication of International Documents• Health Care Declarations• Insurance Loss Declarations• Letters of Invitation for Foreign Travel• Manufactured Home Transfers• Marine Bills of Sale and Mortgages• Marine Protestations• Mortgage Refinancing Documentation• Notarization/Attestation of Signatures• Passport Application Documentation• Personal Property Security Agreements• Powers of Attorney• Proof of Identity for Travel Purposes• Purchaser’s Side of Foreclosures• Representation Agreements• Residential and Commercial Real Estate Transfers• Restrictive Covenants and Builder’s Liens• Statutory Declarations• Subdivisions and Statutory Building Schemes• Wills Preparation• Wills Searches• Zoning Applications

Some BC Notaries provide these services:• Marriage Licences• Mediation• Real Estate Disclosure Statements

For the BC Notary office nearest you, please call1-800-663-0340 or visit www.notaries.bc.ca.

This Transition onRepresentation Agreementsis generously sponsored by

The Society ofNotaries Public of BC

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December 2004/January 2005 Transition 21

Notaries public tend to reflect thecommunities they serve, says LaurieSalvador of Salvador Davis & Co. Laurie

lives in Sidney on Vancouver Island where she hasbeen a notary since 1986.

“Our area is dominated by people who areelderly and retired. Representation Agreements area natural fit with the wills and estate planning andrelated services that make up about 50 percent ofour practice,” says Laurie.

“In the first two years after the Representa-tion Agreement Act was proclaimed in 2000, we didaround 400 RAs in this office.”

“People come to us when they want to makedecisions about their future health care and abouttheir end-of-life wishes, and who they want to beinvolved in that. We help them set up a Represen-tation Agreement with a health directive so theycan say who they want involved and what theywant to happen in their future.”

Some people are able to craft their ownRepresentation Agreement with the help ofinformation from the Representation AgreementResource Centre or People’s Law School, saysLaurie. But “sometimes they just can’t make it allthe way through on their own and come to anotary for assistance in making sure that theyhave a legally binding agreement.” If her clientneeds to create a Representation Agreement withthe broader powers, a lawyer must be brought intothe process.

Although not every notary deals with asmany RAs as Laurie, it is part of their training.

“Notaries working in communities with ayounger population will do a much bigger portionof their work in areas such as mortgages and

conveyances,” says Laurie. “But all new grads aretrained in Representation Agreements and oursociety continually upgrades those notariesalready in practice. We have a very high attend-ance at our continuing education seminars.

“Language skills are also important in ourwork–we deal with international documentationfor business and property in estate planning andwills. At least 65 percent of our members speak twoor more languages.”

All 12 Canadian provinces have notariespublic. In BC, the governing body is the Society ofNotaries Public of British Columbia whichadministers an 18-month course in cooperationwith the Faculty of Commerce and BusinessAdministration at the University of BC.

Although Representation Agreementscontinue to play a major role in the services sheprovides in her community, Laurie has seen a dropin requests.

“There was a lot of interest when the Act wasproclaimed and the media was highlighting it,”she says. “I think the awareness about Representa-tion Agreements has dropped somewhat. It’s justnot in front of people as a news item like it wasbefore.

“So, it is very important now to make surethat doctors and social workers are telling theirclients about RAs.” ■

LaurieSalvadorNOTARY PUBLIC

“Representation Agreements are anatural fit with the wills and estateplanning and related services thatmake up about 50 percent of ourpractice.”

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December 2004/January 2005 Transition22

On June 24, 2004 the Board andstaff of the Representation

Agreement Resource Centre (RARC)invited the community to celebrate theAttorney General’s decision to maintainthe Representation Agreement Act.

The celebration heralded thebeginning of summer, but it alsomarked another step in thecommunity’s odyssey to preserve thevision of the RepresentationAgreement. It seemed a good time tocount our blessings. The campaign toconvince Attorney General Geoff Plantand his caucus colleagues that theRepresentation Agreement Act embod-

ies the best think-ing on self-deter-mination, capabil-ity and decision-making that BritishColumbia can offerto the world hadbeen successful.It had also servedto remind us howmuch we valuethe legislation andthe process thatcreated it. It hadrenewed oldalliances andtaught us againthat the journey isas important asthe outcome.

So we had

every reason to celebrate and peoplewere welcomed at the entrance bydozens of floating origami birdshandcrafted by the RepresentationAgreement Resource Centre’s (RARC)summer student and symbolizing theNidus eRegistry whose name is theLatin word for “nest.” Amid the crowdwere old friends, people who hadmarked 15 years of commitment to theRepresentation Agreement, and newfriends who had signed on during therecent campaign.

There were many wonderfulmoments during the afternoon. TheBCCPD’s Kids on the Block puppettroupe delighted the audience with asurprise performance.

Ron Usher, the CEO of the LawSociety’s Juricert, a partner in theNidus eRegistry, presented a travelslide show, Slinky’s ExcellentAdventures, about a trip that he and hisSlinky (last year’s present to him fromthe RARC) took to Toronto. Theaudience was in stitches of laughter asthey followed Slinky’s escapade in thebig city. Afterward, there was a lot ofbuzz about a possible sequel, SlinkyGoes Hawaiian.

Joanne Taylor spoke about thefuture for RARC and Nidus, andrecognized the commitment of ourpartners, Gateway Filing Systems andJuricert, in creating and promoting thisunique registry. Nidus realizes thecommunity’s vision for a simple and

Some of the long-time supporters ofRepresentationAgreements

The Flickering FlameBecomes a Warm GlowSecuring the Future of the Representation Agreement Actby Christine Gordon

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December 2004/January 2005 Transition 23

accessible way to register Representa-tion Agreements and to communicatetheir existence to those who need toknow.

We all raised a glass to toast thefact that the RepresentationAgreement Act has withstood manyyears of uncertainty and, thanks to thecommunity that has never failed to rallybehind it, a flickering flame has turnedinto a warm glow.

British Columbians will now beable to use the warmth and light thatthe Representation AgreementResource Centre offers to ensure thatself-determination within the nest oftrusted personal relationships is thelegal anchor for decision-making.Something to celebrate indeed!

Christine Gordon is Treasurer of the RARC. ■

“The new city hall is cool.”From Slinky’s Excellent Adventures.

“ we...heard...from a wide

variety of citizens that the

existing instruments [Repre-

sentation Agreements] are

being used and relied upon

and that any reform would not

be helpful or necessary. Gov-

ernment has sat down, done

its homework and listened to

what we’ve heard, and we

have decided to maintain the

status quo. Accordingly, we

will not be pursuing any

further reforms in this area.”BC Attorney General GeoffPlant (Hansard, May 13, 2004)

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December 2004/January 2005 Transition24

The BC Coalition of People with Disabilities provides freeone-on-one assistance to people who want to apply for

the Persons with Disabilities (PWD) benefit.Our experienced advocates help people to complete

the PWD application form. The advocates will also reviewcompleted application forms to make sure that all therequired information from doctors and other health careprofessionals (assessors) has been included.

We can also arrange for a qualified assessor to come toour office to complete Section 3, the assessor’s portion ofthe PWD application form.

About the PWD benefitPWD is a disability benefit under BC’s income assistancesystem. People who qualify for PWD:

• receive the highest monthly income assistance rate.For example, single people with no dependents mayreceive up to $856.42 a month

• can purchase an annual bus pass for $45 per year• are eligible for better health benefits• are among those not affected by the 2 out of 5 year

time limit rule• can earn up to $400 a month and keep their full

monthly benefit

For help applying for PWD, contact Advocacy Access attel: (604) 872-1278, Hearing Impaired Only: (604) 875-8835.

Thank you to the funders of our PWD application program:Human Resources Development Canada National Homeless-ness Initiative. ■

Our experienced advocateshelp people to complete thePWD application form.

BCCPD UPDATE

DO YOU NEEDHELP TOAPPLY FORPWD ?

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December 2004/January 2005 Transition 25

Be aware ofCamera PhonesKeep alert for people with cell phonesin hand standing near you in thecheckout line at stores, restaurants,grocery stores, etc.

With new camera cell phones, aperson can take a picture of your creditcard with your name, number andexpiration date. Identification theft isone of the fastest growing crimes todayand this is just another example of howtechnology can be used against you.So, be aware of your surroundings. ■

The BCCPD has established the Mary WilliamsMemorial Core Volunteer Fund to support andexpand our core volunteer program. BCCPD’s corevolunteers provide crucial support to our manyprograms and Transition magazine.

We gratefully accept donations to the Fund; a taxreceipt will be issued for all donations of $10 ormore.

“There is life after disability. I’m not myspinal cord injury and I’m not my wheelchair. I’mstill Mary. I have a great quality of life; not just agood one, but a great one.”Mary, April 2001

❑ Please accept my tax-deductible donation of $________to the Mary Williams Memorial Core Volunteer Fund.

❑ Please call me for a credit card donation.Tel: _________

Name _____________________________________

Address ___________________________________

City___________________ Postal Code __________

Thank you for supporting the Fund.

Transition would like tothank our super hard-working mailout team.Florence Corbett, JimCorbett, Audrey Spry, BrianRafferty, Cady Williams andMarie Lands. We can’t thankyou all enough.

Any resemblance to actual volunteers iscompletely accidental!

Mary WilliamsMemorial CoreVolunteer Fund

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December 2004/January 2005 Transition26

Representation Agreements werecreated and proclaimed to much

skepticism by lawyers. How havelawyers adapted to RepresentationAgreements since then?

A number of British Columbialawyers were actively involved with thecommunity efforts to reform the AdultGuardianship laws in the late 1980sand early 1990s. They worked with thecommunity on its response to thegovernment regarding new legislation.

When the Representation Agree-ment Act passed Third Reading in theLegislature in 1993, most of us ex-pected the Act would be proclaimedinto force. However, this was delayedby a number of concerns raised bylawyers and others.

Lawyers are very busy with theirown practice so most do not take thetime to learn about new laws until thelaw will affect their work. When therewas such a long delay from the newAct being created, in 1993, and when itwas proclaimed in force in 2000, manylawyers lost interest.

However, some lawyers did stayinvolved and worked with others toidentify much needed amendments toenable the legislation to work moresmoothly. But the government did not

make these amendments until a yearafter the law came into force in 2000.Because of these factors, many law-yers were reluctant to draft Represen-tation Agreements even when theybecame law. However, this is nowchanging.

Thanks to Continuing Legal Educa-tion (a non-profit organization thatorganizes seminars for lawyers), someamendments to the Act and marketforces, most lawyers are now able todraft Representation Agreements.While I have heard of some situationswhere lawyers advised their clientsagainst making Representation Agree-ments because they were “no good”, inreality, those lawyers probably still hadnot taken the time to learn about them.Such instances are much rarer today.

The Nidus eRegistry for Powers ofAttorney and Representation Agree-ments, operated by the RepresentationAgreement Resource Centre, has beenwelcomed by many clients. However,many lawyers still do not know itexists. In addition to registering an RAwith Nidus, I usually recommend thatclients give copies of the Agreementfor health care to their representativesand doctor.

We have come a long way sincethe Representation Agreement Actwas introduced in 1993. RARC andothers are continuing to educate law-yers and the public about this impor-tant tool.

Hugh McLellan is a lawyer with the firm of McLellan Herbert inVancouver. For over 15 years, Hugh has volunteered his timeto the reform of adult guardianship legislation and the newRepresentation Agreement Act (see opposite page). ■

One Lawyer’s Perspectiveon RAs by Hugh McLellan

“ We hope the government will take into considera-tion the requirements and well-being of those citizenswho rely on Representation Agreements to ensuretheir needs are met, as well as the recommendationsof the community support groups who work withthese individuals every day.”Trial Lawyers Association of BC, May 4, 2004

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December 2004/January 2005 Transition 27

Friend of the community wins awardOn October 2, 2004, Hugh McLellan, a lawyer withthe firm of McLellan Herbert in Vancouver, wasawarded the Community Service Award by theCanadian Bar Association, BC Branch. This is asignificant award that honours lawyers who giveexceptional volunteer service to their community.Hugh was nominated by the RepresentationAgreement Resource Centre (RARC) and supportedby eight other community groups, including theBCCPD.

Hugh volunteered his time and expertise duringthe reform of adult guardianship legislation (1989 to1999) and continues to provide support as a volun-teer to the RARC and other community groups.Hugh and his wife Kathy have three children. Hughhas also volunteered as a soccer coach, with ScoutsCanada and on the board of the Community LivingSociety.

Congratulations Hugh–you really deserve thisaward!

Hugh McLellan (left) with Canadian Bar Association BCBranch President, Michael Woodward

To all our funders,donors, supportersand subscribers -

best wishes for 2005

From everyone atBCCPD and Transition

Happy2005

I've chosen the blue as abase colour for theRepresentationAgreements image for several reasons.

Blue is calming, a natural colour,from the blue of the sky. In manydiverse cultures, blue is significantspiritually–it brings peace and em-braces protection. Blue also conveysimportance and confidence, intelli-gence and stability.

The “rays” of energy (the work ofthe Representation Agreement Re-source Centre) extend into the dis-tance, "reaching out to the community."I hoped to illustrate capable interde-pendence, relationship and support.The rays can also give a sense of"stitchery" or a "web" depicting theweaving of community.

carol weaver – www.carolweaver. com

Artist'sstatement

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December 2004/January 2005 Transition28

You may think that today’s fragrancesare made from flowers. However, theycontain toxic chemicals you inhale andabsorb through your skin. Fragrancechemicals in fabric softeners, laundrydetergents, perfumes, personal careproducts, air fresheners and manyother products may contribute to healthproblems and environmental damage.

By working together, communi-ties, institutions, businesses and gov-ernments are improving air quality byeliminating and controlling exposure totoxic fragrance chemicals. Businessesalso benefit with increased productivityfrom healthier employees.

Once these chemicals are ab-sorbed by your skin and inhaled asvapours, they go directly into your bloodand can affect the entire body. Somefragrance chemicals can alter the skin’ssurface tension which makes it easierfor other chemicals to be absorbed intothe skin.

For a full brochure on this topic,contact: Redemske Design, 833 Colrain

Road, Greenfield, MA 01301 , 413-773-5375 - [email protected].

What is Environmental Illness?EI, also called Multiple ChemicalSensitivity (MCS), is a condition that isbecoming more common where peopleexperience problems with their healthafter even small exposures toenvironmental factors such as foods,chemicals and electro-magnetic fields.

Symptoms may occur in any bodysystem, including the skin, lungs, mus-cles and joints, gastro-intestinal system,nervous system and brain.

For more information, contact: EHA/AEHA BC Branch, Ecological HealthAlliance, Box 30033 Saanich Centre PO,Victoria, BC V8X 5E1, Telephone: 250-658-2027, www.ehabc.org.

Other resourceswww.fpinva.orgFragranced Products Information Network

www.nottoopretty.orgPoisoned Cosmetics, Not Too Pretty

www.noharm.orgHealth Care Without Harm ■

By working together,communities, institutions,businesses and governments areimproving air quality byeliminating and controllingexposure to toxic fragrancechemicals.

Environmental Illness and Allergies

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December 2004/January 2005 Transition 29

BCCPD2005 CalendarFundraisingCampaignWe are honoured to participatewith world-renownedphotographer Bill Keay and hisdaughter Serena Keay on a 2005Wildlife Calendar.

Treasure this beautiful calendarand show your support for BCCPD.The calendars are high-quality, full-colour and are available for $20each. Consider making a bulk orderfor your business or organization,to use the calendars as thank you’sfor employees or clients, or as gifts.

For details, contact Val Stapleton at604-875-0188 email:[email protected].

Details are also available on ourwebsite at www.bccpd.bc.ca.

BCCPD UPDATE

February HLN OnlineDiscussion on Sexual Health

BCCPD’s Health Literacy Network is verypleased to join a national organization inhighlighting the importance of sexual healthinformation for people too often marginalizedon many fronts.

The BCCPD’s Health Literacy Network (HLN) onlinecommunity discussion on February 10-11, 2005, will be onthe topic of accessible sexual health. Our guest will be GailMcVicar, sexual health educator with Planned ParenthoodFederation of Canada (PPFC).

This discussion is scheduled to commemorate PlannedParenthood’s Sexual and Reproductive Health (SRH) Dayheld each year on February 12th, two days before Valentine’sDay. The theme this year is Every Body Needs and EveryBody Deserves Sexual Health Information. PPFC has pre-pared a Resource Kit (available at http://www.ppfc.ca/ppfc/content.asp?articleid=338) to help Canadians raise aware-ness of the importance of information about sexual health.

PPFC notes, “Many Canadians feel invisible and ig-nored because of their orientation, ethnicity, age, disabilityor gender identity. National Sexual and Reproductive HealthDay is an excellent time to look through the eyes of anotherperson and consider how they feel about their body, theirrelationships and their ability to have access to services thatare culturally appropriate, comfortable and which ensure thedignity of the individual.”

BCCPD’s Health Literacy Network is very pleased tojoin a national organization in highlighting the importance ofsexual health information for people too often marginalizedon many fronts. People with disabilities have long been seenas non-sexual and therefore not needing information aboutsexual health. Join us on February 10-11, 2005 for an HLNonline discussion about making sexual and reproductivehealth available for everyone.

Contact Shelley at 604-875-0188 or [email protected]. ■

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December 2004/January 2005 Transition30

Does your organization or businesswant to be part of a uniqueeducational program? Read on to

see how you can support a programthat aims to educate and entertainchildren about “being different.”

Kids on the Block is a troupe ofnear life-size puppets who look and actlike real kids. These likeable and imagi-native characters–some with disabili-ties, some without–play-act together todiscover their differences and similari-ties.

In the classroom, the Kids helpinitiate discussions that increase aware-ness and understanding that benefit allthe children. The program can also beused for Special Education programs,schools that train nurses, daycarecentres, community groups, children’sfestivals and summer camps.

The Kids on the Block programis currently funded, in part, by ourFounding Partner, the KinsmenFoundation of BC and Yukon. It alsoreceives contributions from BCRehab Foundation, BC Gaming Policyand Enforcement Branch, the CKNWOrphans’ Fund, BC Nurses’ Unionand the Spina Bifida and Hydro-cephalus Association of BC. Variety–the Children’s Charity of BC has justcontributed a generous donation topurchase eight new puppets. Thankyou to all our funders.

But we need additional supportif we are to meet the challenge ofexpanding our Kids on the Blockprogram. Your organization or busi-ness can help make the magichappen by becoming a sponsor.There are four levels of sponsorship:Sustaining Partner ($10,000 or more),Performance Partner ($7,500), Pro-gram Partner ($5,000) or Friend ofKOB ($1,000).

For more information on the benefitsof being a KOB sponsor, pleasecontact:Margaret Birrell attel: 604-875-0188,fax: 604-875-9227,email: [email protected].

Help Bring the Kids

to your Block!

Make the magic happen!Become a Kids on the Block sponsor

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December 2004/January 2005 Transition 31

Placing relatives with dementia in careA recent study in the US shows thatcaregivers of people with dementiawho must make the difficult decisionto place their relatives intoinstitutionalized care get no relief fromthe depression and anxiety ofcaregiving. In fact, they sufferadditional emotional trauma followingtheir decision. The study, funded by theNational Institute of Nursing Researchand the National Institute on Aging,part of the National Institutes of Health,appeared in the August 25, 2004 issueof the Journal of the American MedicalAssociation (JAMA).

The four-year investigation, whichwas coordinated by the University ofPittsburgh School of Medicine and ledby Richard Schulz, Ph.D., found thatclinical intervention may helpcaregivers to prepare for the placementof their relatives and by treating theirdepression and anxiety during theplacement process.

According to Dr. Schulz, this is thefirst study to provide a real analysis ofthe emotional turmoil caregivers expe-rience during the transition of theirloved one from home to a long-termcare facility. The investigators looked ata number of factors, including theconditions that led to placement, thenature of contact between thecaregivers and relatives after institu-tionalization, and the impact of thesefactors on health outcomes amongcaregivers following the placement.

Caregivers who were married tothe patient and those who visited mostfrequently had the most difficult transi-tion. Spouses reported higher levels ofdepression both before and afterplacement, and more anxiety afterplacement than their non-spousecounterparts.

The study recommends thatspouses, caregivers who remain ac-tively involved with the care recipient,caregivers who have high levels ofdepression, and those who lack ad-equate support from others shouldreceive assistance.

“We need to help caregivers whoplace their relatives,” said Dr. Schulz.“We need to treat their emotionaldistress, educate them about long-termcare facilities and their impact onpatient functioning, engage them inend-of-life planning and prepare themfor the eventual death of their lovedone,” he added. ■

According to Dr. Schulz, this isthe first study to provide a realanalysis of the emotional turmoilcaregivers experience during thetransition of their loved one fromhome to a long-term care facility.

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December 2004/January 2005 Transition32

The 2004 Paralympic Games inAthens have been declared to bethe most successful yet.

However, some people with disabilitiesweren’t invited. People with learningdisabilities are currently banned fromall Paralympic competition. Thedecision to ban these athletes cameafter the discovery during the SydneyGames in 2000 that a small number ofathletes had falsely claimed to have alearning difficulty. The InternationalParalympic Committee continues todefend its decision saying theclassification process cannot identifypotential cheats.

Bio-Ethics: Do medical advanceshold as much bad news as good newsfor people with disabilities? Some maysay the news is more bad.

People with disabilities need to beconcerned about rationing health care,judgements about people’s quality oflife, genetic testing and screening,euthanasia, gene therapy and similarmedical issues.

Historically, people with disabili-ties have faced enforced sterilization,pre-natal termination, infanticide andeuthanasia. According to DisabilityAwareness in Action (DAA), many ofthe attitudes and approaches thatmade these practices possible stillexist today. DAA has prepared a Brief-ing paper on Disabled People andBioethics. For a copy, contact DAA atDAA, 11 Belgrave Road, London SW1V1RB, United Kingdom or see theirwebsite at http://www.daa.org.uk.

Courtesy of Disability Tribune, October/November 2004. ■

The truth is: Transition depends not on the kindness of strangers,but of friends, supporters and like-minded people like you. Weneed your financial support to keep us going–it’s that simple.Funding from our traditional sources is far from guaranteed–andevery year, we see more funding disappear.

Transition is an independent voice on disability issues and webelieve people with disabilities in BC need independent voicestoday more than ever. We hope you believe this too.

Please make your donation today. Any donation, small orlarge, will make a difference–donations over $10 are tax deduct-ible.

Please make cheques payable to Transition and send to BCCPD at204-456 W. Broadway, Vancouver, BC V5Y 1R3.

Question: How does Transition stay on the presses?Answer: Through the support of readers like you!

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Page 34: REPRESENTATION AGREEMENTS · wisest things you can do for yourself. If you are over the age of nineteen, you can give yourself the security and peace of mind of having an Agreement

Transition Publication Society, BC Coalition of People with Disabilities,

Suite 204, 456 West Broadway, Vancouver BC V5Y 1R3

(604) 875-0188 • fax (604) 875-9227 • tty (604)875-8835 • [email protected]

Our thanks to the generous sponsor of this Transition

The Society of Notaries Public of BC