EDITOR’S NOTE:
The purpose of this column is NOT to advise people on their legal affairs or concerns, but to provide basic information for discussion with their own legal counsel.
Written by Ruth Magnusson, Lawyer, Straith and Company
Many of our readers will remember that the Representation Agreement Act of British Columbia originally provided for the creation of a registry for notices about Representation Agreements. This statutory registry was intended to be a resource for doctors, financial institutions and other person’s dealings with an adult, or with the affairs of an adult, who is mentally incompetent. It would provide information such as who the adult had appointed as a representative, or if an appointment had been revoked. This would assist and protect doctors, financial institutions, and other users. However, due to the anticipated cost, the registry was a bandoned. Earlier this year three organizations acting in partnership launched their own registry called the Nidus eRegistry, or “Nidus” for short. Nidus is operated be a non-profit society called the Representation Agreement Resource Centre (RARC), located in Vancouver. The RARC handles enquiries and deals directly with users. The RARC partners are Juricert of Vancouver, owned by the Law Society of BC and Gateway File System of Victoria. Gateway File Systems helped set up the BC Organ Donor Registry.
The purpose of Nidus is stated on their website: “to help you make sure that banks, hospitals, government personnel, ect. Talk to the person YOU have chosen (if you can’t speak for yourself) and not to someone who may not know your current wishes or who you don’t want involved in your affairs”. Nidus provides on-line registration and information services for:
- Representation Agreements for Health Care
- Revocations of Representation Agreements
- Enduring Powers of Attorney
Revocations of Enduring Powers of Attorney AN adult (called the Registrant) can register information about his or her documents. For example, for a Representation Agreement information can be entered about:
- The date the agreement was made;
- Location of the agreement;
- Contact information for representitives; If the agreement has a triggering event; and, if there is a monitor.
People trying to obtain information (Users) must have authorized access; the general public can not access records. Hospitals, banks, lawyers, and government services such as the Office of authorized Users.
The registrant can decide how much information to enter respecting his or her Representation Agreement or Enduring Power of Attorney (although certain information is mandatory). For example, the Registrant can register a full copy of a Representation Agreement or Enduring Power of Attorney, or only a notice containing certain information. The Registrant can also control which Users have access, for example “all types of Users”, or “financial and legal only”, or “health and personnel only” In an emergency hospitals can access information through Nidus. The complete records can be accessed only by the Registrant himself or herself by using their registration number and personal password.
Nidus charges $25 for set-up and registration of the first document, $10 for each additional registration for the same individual, and $3 for changes at any one time. There is no charge for viewing information. Registration can be done personally. This is called self-registration and requires on-line credit card payment. Alternatively, registration can be done thought an authorized registration agent, namely a registered lawyer or notary public or a volunteer organization accredited as an “Authorized Community Registration Agent”. The registration forms need careful thought and consultation will be required to assist Registrants with making choices, so a lawyer or notary public may charge an additional fee.
For further information I encourage our readers to go to the Nidus website at http://www.nidus.ca/, or you can contact the Representation Agreement Resource Centre by email at info@info@rarc.ca or call (604)408-7414.
EDITORS NOTE:
The purpose of this column is NOT to advise people on their legal affairs or concerns, but to provide basic information for discussion with their own legal counsel.
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