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Difference between revisions of "Consenting to Admission to a Care Facility"
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Consenting to Admission to a Care Facility (view source)
Revision as of 23:40, 2 July 2014
, 23:40, 2 July 2014no edit summary
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Arguably, the capacity to consent to admission may be an easier threshold for many prospective residents to meet than having the capacity to contract. | Arguably, the capacity to consent to admission may be an easier threshold for many prospective residents to meet than having the capacity to contract. | ||
== | ==Screening== | ||
Care facility operators have a responsibility prior to admission to determine if a prospective resident’s needs can be met at that particular facility. This involves considering: | Care facility operators have a responsibility prior to admission to determine if a prospective resident’s needs can be met at that particular facility. This involves considering: | ||
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* any criteria set by, or advice or information from, a funding program | * any criteria set by, or advice or information from, a funding program | ||
== | ==Assessing Capacity for Admission== | ||
The person (or if substitute decision-maker) must give informed consent to admission. There are two aspects – having the capacity to consent and having the relevant information on which make the decision about admission generally or to a particular facility. | The person (or if substitute decision-maker) must give informed consent to admission. There are two aspects – having the capacity to consent and having the relevant information on which make the decision about admission generally or to a particular facility. | ||
== | ==Consent== | ||
Unlike some jurisdictions, British Columbia does not describe a specific legal process for consenting to admission. However common law elements of consent are relevant for consent to admission to a residential care facility: | Unlike some jurisdictions, British Columbia does not describe a specific legal process for consenting to admission. However common law elements of consent are relevant for consent to admission to a residential care facility: | ||
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A mechanism for bringing Part 3 of the original Health Care Consent law or something akin to it into force is being explored by the government. | A mechanism for bringing Part 3 of the original Health Care Consent law or something akin to it into force is being explored by the government. | ||
== | ==Use of the Mental Health Act to Admit Older Adults to Residential Care== | ||
The Mental Health Act | The Mental Health Act is also sometimes used to admit cognitively impaired (and sometimes non-impaired older adults) into residential care facilities if they cannot consent or will not consent to go. | ||
In some instances these involuntary detention cases come about as a result of a person having an unaddressed health problem, an alcohol or other substance use problem, or the person is living in perceived unsafe conditions, including suspected abuse or neglect by others. In a typical situation, family expresses concern, and they then contact Mental Health or police to bring the person to the hospital. In other situations, the person may be living alone with few community supports. She or he has not selected anyone as substitute decisionmaker (that is, has not done advance planning) and refuses to go to a facility. | In some instances these involuntary detention cases come about as a result of a person having an unaddressed health problem, an alcohol or other substance use problem, or the person is living in perceived unsafe conditions, including suspected abuse or neglect by others. In a typical situation, family expresses concern, and they then contact Mental Health or police to bring the person to the hospital. In other situations, the person may be living alone with few community supports. She or he has not selected anyone as substitute decisionmaker (that is, has not done advance planning) and refuses to go to a facility. | ||
