Your representative is required to act honestly and in good faith, to exercise due diligence, diligence and ability of a reasonable person, to exercise caution and to act within the authority specified in the representation agreement. As noted above, if you do not have a mandate, representation agreement or other legal document that appoints someone who makes your financial decisions for you, if you become mentally incompetent, then your loved ones must go to court to obtain legal authority to deal with your affairs (what is called «committee»). Going to court can cost your loved ones a prohibitive price. If you do not have relatives who can go to court for a «commission,» then the Public Guardian and the agent will intervene to find an appropriate replacement decision and obtain a court decision so that this person can be designated as a «committee.» If your agreement allows your representative to deal with routine financial matters for you (for example. B the payment of your bills or the payment of your pension income), then the law requires you to appoint a monitor if the representative you have chosen is not your spouse or credit union, a trust company or the public custodian and agent. However, if you elect two or more representatives who must make unanimous decisions on these financial matters, or if you consulted a lawyer or other prescribed person when you approved, you are not required to appoint a monitor. As noted above, it is considered that you are in a position to make the decision to enter into a replacement contract, unless there has been any further evidence. This means that you must be able to understand and understand the context of the agreement and the consequences that result from it. The law gives you the benefit of the doubt when it comes to deciding whether you are legally in a position to enter into a representation agreement.

By law, you are able to enter into a representation agreement – and they are considered capable of managing your own affairs – until proven otherwise. Often, a person who is not legally in a position to enter into an agreement with the provisions of Section 9 is still in a position to enter into an agreement in accordance with Section 7.