Representation Agreements (15:V) - Revision history

LSLAP at 20:17, 23 November 2019

2019-11-23T20:17:36Z

← Older revision		Revision as of 20:17, 23 November 2019
Line 418:		Line 418:
	http://canliiconnects.org/en/summaries/33208.		http://canliiconnects.org/en/summaries/33208.



			{{REVIEWED LSLAP \| date= June 21, 2019}}
	{{LSLAP Manual Navbox\|type=chapters15-22}}		{{LSLAP Manual Navbox\|type=chapters15-22}}

LSLAP at 07:33, 15 August 2019

2019-08-15T07:33:49Z

Show changes

LSLAP at 01:13, 13 August 2017

2017-08-13T01:13:17Z

← Older revision		Revision as of 01:13, 13 August 2017
Line 4:		Line 4:

	Refer to Representation Agreements and Supported Decision Making:		Refer to Representation Agreements and Supported Decision Making:
	(www.wcmhn.org/position_papers_files/Representation%20Agreements%20and%20Supported%20Decision.pdf)		www.wcmhn.org/position_papers_files/Representation%20Agreements%20and%20Supported%20Decision.pdf

	Representation Agreements (RA) are governed by the RAA. RAs are an instrument by which an individual can proactively plan for the possibility of future incapacity, by appointing another person to make decisions on their behalf. RAs are the primary method by which adults in BC can plan for future health care substitute decision making. An RA can also be used to give legal authority to a person’s supportive decision-maker—a person appointed under the RA to help the adult make their decisions, not necessarily to make their decisions for them. As the capacity test for creating an RA is lower than the test for creating a POA, a person with limited cognitive capacity may have the capacity to create an RA.		Representation Agreements (RA) are governed by the RAA. RAs are an instrument by which an individual can proactively plan for the possibility of future incapacity, by appointing another person to make decisions on their behalf. RAs are the primary method by which adults in BC can plan for future health care substitute decision making. An RA can also be used to give legal authority to a person’s supportive decision-maker—a person appointed under the RA to help the adult make their decisions, not necessarily to make their decisions for them. As the capacity test for creating an RA is lower than the test for creating a POA, a person with limited cognitive capacity may have the capacity to create an RA.

LSLAP at 01:03, 13 August 2017

2017-08-13T01:03:29Z

← Older revision		Revision as of 01:03, 13 August 2017
Line 4:		Line 4:

	Refer to Representation Agreements and Supported Decision Making:		Refer to Representation Agreements and Supported Decision Making:
	(www. wcmhn. org/position_papers_files/Representation%20Agreements%20and%20Supported%20Decision. pdf)		(www.wcmhn.org/position_papers_files/Representation%20Agreements%20and%20Supported%20Decision.pdf)

	Representation Agreements (RA) are governed by the RAA. RAs are an instrument by which an individual can proactively plan for the possibility of future incapacity, by appointing another person to make decisions on their behalf. RAs are the primary method by which adults in BC can plan for future health care substitute decision making. An RA can also be used to give legal authority to a person’s supportive decision-maker—a person appointed under the RA to help the adult make their decisions, not necessarily to make their decisions for them. As the capacity test for creating an RA is lower than the test for creating a POA, a person with limited cognitive capacity may have the capacity to create an RA.		Representation Agreements (RA) are governed by the RAA. RAs are an instrument by which an individual can proactively plan for the possibility of future incapacity, by appointing another person to make decisions on their behalf. RAs are the primary method by which adults in BC can plan for future health care substitute decision making. An RA can also be used to give legal authority to a person’s supportive decision-maker—a person appointed under the RA to help the adult make their decisions, not necessarily to make their decisions for them. As the capacity test for creating an RA is lower than the test for creating a POA, a person with limited cognitive capacity may have the capacity to create an RA.

LSLAP: /* J. The Bentley (Litigation guardian) v. Maplewood Seniors Care Society Case */

2017-08-13T00:57:56Z

J. The Bentley (Litigation guardian) v. Maplewood Seniors Care Society Case

← Older revision		Revision as of 00:57, 13 August 2017
Line 314:		Line 314:
	== J. The Bentley (Litigation guardian) v. Maplewood Seniors Care Society Case ==		== J. The Bentley (Litigation guardian) v. Maplewood Seniors Care Society Case ==

	An important case for both Representation Agreements and Advance Directives is Bentley (Litigation guardian) v. Maplewood Seniors Care Society, 2014 BCSC 165. The case highlights issues of consent, the ability for an adult to change their consent from written instructions, and the meaning of health care verses personal care. A discussion of the case is available by case brief through CLE online: http://online.cle.bc.ca//digests/browse. aspx?cle=55084&sub=5.		An important case for both Representation Agreements and Advance Directives is Bentley (Litigation guardian) v. Maplewood Seniors Care Society, 2014 BCSC 165. The case highlights issues of consent, the ability for an adult to change their consent from written instructions, and the meaning of health care verses personal care. A discussion of the case is available by case brief through CLE online: http://online.cle.bc.ca//digests/browse.aspx?cle=55084&sub=5.


	{{LSLAP Manual Navbox\|type=chapters15-22}}		{{LSLAP Manual Navbox\|type=chapters15-22}}

LSLAP: /* J. The Bentley (Litigation guardian) v. Maplewood Seniors Care Society Case */

2017-08-13T00:57:37Z

J. The Bentley (Litigation guardian) v. Maplewood Seniors Care Society Case

← Older revision		Revision as of 00:57, 13 August 2017
Line 314:		Line 314:
	== J. The Bentley (Litigation guardian) v. Maplewood Seniors Care Society Case ==		== J. The Bentley (Litigation guardian) v. Maplewood Seniors Care Society Case ==

	An important case for both Representation Agreements and Advance Directives is Bentley (Litigation guardian) v. Maplewood Seniors Care Society, 2014 BCSC 165. The case highlights issues of consent, the ability for an adult to change their consent from written instructions, and the meaning of health care verses personal care. A discussion of the case is available by case brief through CLE online: http://online. cle. bc. ca//digests/browse. aspx?cle=55084&sub=5.		An important case for both Representation Agreements and Advance Directives is Bentley (Litigation guardian) v. Maplewood Seniors Care Society, 2014 BCSC 165. The case highlights issues of consent, the ability for an adult to change their consent from written instructions, and the meaning of health care verses personal care. A discussion of the case is available by case brief through CLE online: http://online.cle.bc.ca//digests/browse. aspx?cle=55084&sub=5.


	{{LSLAP Manual Navbox\|type=chapters15-22}}		{{LSLAP Manual Navbox\|type=chapters15-22}}

LSLAP: /* J. The Bentley (Litigation guardian) v. Maplewood Seniors Care Society Case */

2017-08-13T00:57:00Z

J. The Bentley (Litigation guardian) v. Maplewood Seniors Care Society Case

← Older revision		Revision as of 00:57, 13 August 2017
Line 314:		Line 314:
	== J. The Bentley (Litigation guardian) v. Maplewood Seniors Care Society Case ==		== J. The Bentley (Litigation guardian) v. Maplewood Seniors Care Society Case ==

	An important case for both Representation Agreements and Advance Directives is ''Bentley (Litigation guardian) v. Maplewood Seniors Care Society'', 2014 BCSC 165. The case highlights issues of consent, the ability for an adult to change their consent from written instructions, and the meaning of health care verses personal care. A discussion of the case is available by case brief through CLE online: http://online.cle.bc.ca//digests/browse.aspx?cle=55084&sub=5.		An important case for both Representation Agreements and Advance Directives is Bentley (Litigation guardian) v. Maplewood Seniors Care Society, 2014 BCSC 165. The case highlights issues of consent, the ability for an adult to change their consent from written instructions, and the meaning of health care verses personal care. A discussion of the case is available by case brief through CLE online: http://online. cle. bc. ca//digests/browse. aspx?cle=55084&sub=5.


	{{LSLAP Manual Navbox\|type=chapters15-22}}		{{LSLAP Manual Navbox\|type=chapters15-22}}

LSLAP: /* I. A Practical Approach to RAs for LSLAP Students */ 2017 LSLAP Clinician update

2017-08-13T00:56:02Z

I. A Practical Approach to RAs for LSLAP Students: 2017 LSLAP Clinician update

LSLAP: /* 2. Admission to Care Facilities */

2017-08-13T00:52:53Z

2. Admission to Care Facilities

← Older revision		Revision as of 00:52, 13 August 2017
Line 291:		Line 291:
	=== 2. Admission to Care Facilities ===		=== 2. Admission to Care Facilities ===

	In March 2017, the Government of BC announced that Part 3 of the HCCFA will come into force in April 2018. Part 3, which is not in force as of this Manual’s current edition, extends consent requirements to admissions into care facilities. This legislation will require health authority staff and care facility operators to get consent for admission to a facility, including extending protections for adults who may not have the capacity to make such decisions. Under part three, if a person is assessed as incapable of consent, then a personal guardian or substitute decision-maker (usually a family member or close personal friend) would have to give consent on the person’s behalf. If no one is available or qualifies, then the public guardian and trustee may appoint someone, including one of their staff. Substitute decision-makers must act in the person’s best interests – consulting with the person and their family, and considering previously expressed wishes – to determine whether admission to the residential-care facility would be beneficial.		In March 2017, the Government of BC announced that Part 3 of the HCCFA will come into force in '''April 2018'''. Part 3, which is not in force as of this Manual’s current edition, extends consent requirements to admissions into care facilities. This legislation will require health authority staff and care facility operators to get consent for admission to a facility, including extending protections for adults who may not have the capacity to make such decisions. Under part three, if a person is assessed as incapable of consent, then a personal guardian or substitute decision-maker (usually a family member or close personal friend) would have to give consent on the person’s behalf. If no one is available or qualifies, then the public guardian and trustee may appoint someone, including one of their staff. Substitute decision-makers must act in the person’s best interests – consulting with the person and their family, and considering previously expressed wishes – to determine whether admission to the residential-care facility would be beneficial.

	== I. A Practical Approach to RAs for LSLAP Students ==		== I. A Practical Approach to RAs for LSLAP Students ==

LSLAP: /* H. No Capacity and No RA */ LSLAP 2017 Clinician update

2017-08-13T00:52:32Z

H. No Capacity and No RA: LSLAP 2017 Clinician update

← Older revision		Revision as of 00:52, 13 August 2017
Line 288:		Line 288:

	The TSDM must act in accordance with the adult patient’s wishes, values and beliefs, when the patient is unable to provide their own consent, and does not have an appointed Committee or a Representative.		The TSDM must act in accordance with the adult patient’s wishes, values and beliefs, when the patient is unable to provide their own consent, and does not have an appointed Committee or a Representative.

			=== 2. Admission to Care Facilities ===

			In March 2017, the Government of BC announced that Part 3 of the HCCFA will come into force in April 2018. Part 3, which is not in force as of this Manual’s current edition, extends consent requirements to admissions into care facilities. This legislation will require health authority staff and care facility operators to get consent for admission to a facility, including extending protections for adults who may not have the capacity to make such decisions. Under part three, if a person is assessed as incapable of consent, then a personal guardian or substitute decision-maker (usually a family member or close personal friend) would have to give consent on the person’s behalf. If no one is available or qualifies, then the public guardian and trustee may appoint someone, including one of their staff. Substitute decision-makers must act in the person’s best interests – consulting with the person and their family, and considering previously expressed wishes – to determine whether admission to the residential-care facility would be beneficial.

	== I. A Practical Approach to RAs for LSLAP Students ==		== I. A Practical Approach to RAs for LSLAP Students ==

← Older revision		Revision as of 00:56, 13 August 2017
Line 295:		Line 295:
	== I. A Practical Approach to RAs for LSLAP Students ==		== I. A Practical Approach to RAs for LSLAP Students ==

	When a client approaches LSLAP for assistance with creating an RA, students should ask the following questions in order to ascertain the kind of RA that the client needs and whether LSLAP can assist them:		When a client approaches LSLAP for assistance with creating an RA, students should ask the following questions in order to ascertain the kind of RA that the client needs and whether LSLAP can assist them:
	#Is the client capable of creating an RA? The presumption is that all adults are capable. The test for capacity depends on whether it is a s 7 or s 9 agreement at issue.		#Is the client capable of creating an RA? The presumption is that all adults are capable. The test for capacity depends on whether it is a s 7 or s 9 agreement at issue.
	#Why does the client want to create an RA?		#Why does the client want to create an RA?
	#Who is the client considering to be their Representative?		#Who is the client considering to be their Representative?
	#What is the relationship between the client and their chosen Representative?		#What is the relationship between the client and their chosen Representative?
	#Are there signs of abuse, neglect or self-neglect? Does the adult have access to community resources? Is there a need to involve a Designated Agency?		#Are there signs of abuse, neglect or self-neglect? Does the adult have access to community resources? Is there a need to involve a Designated Agency?
	#Which specific authorities would the client like their Representative to have?		#Which specific authorities would the client like their Representative to have?
	#Have they spoken to their chosen Representative to see if they are willing to serve?		#Have they spoken to their chosen Representative to see if they are willing to serve?
	#What is the status of the client’s will? Explain that wills do not provide direction or authority if testators become incapable, and POAs/RAs do not function like wills.		#What is the status of the client’s will? Explain that wills do not provide direction or authority if testators become incapable, and POAs/RAs do not function like wills.
	#Would the client like to appoint a substitute or supportive decision-maker?		#Would the client like to appoint a substitute or supportive decision-maker?

	Students should refer to their Supervising Lawyer if there is any doubt that the client understands and appreciates the RA. Also note that, according to s 3.1 of the amended RAA, an adult must not be required to have an RA as a condition of receiving any good or service.		Students should refer to their Supervising Lawyer if there is any doubt that the client understands and appreciates the RA. Also note that, according to s 3. 1 of the amended RAA, an adult must not be required to have an RA as a condition of receiving any good or service.

	If there are concerns that a person may be abused or neglected, or at risk of being abused or neglected, the student should discuss these concerns with the client and provide information and access to appropriate support services (e.g., Seniors Help & Information Line at: 604-437-1940 or 1-866-437-1940).		If there are concerns that a person may be abused or neglected, or at risk of being abused or neglected, the student should discuss these concerns with the client and provide information and access to appropriate support services (e. g. , Seniors Help & Information Line at: 604-437-1940 or 1-866-437-1940).

	Students also need to remember their legal responsibility to maintain professional conduct and client confidentiality. If abuse or neglect is suspected, consult with the Supervising lawyer about how to make a report to the appropriate authority. Refer to [[Governing Legislation and Resources for Adult Guardianship (15:II)#C. Resource Organizations \| sections II.C: Resource Organizations]] and [[Adult Abuse and Neglect (15:VIII) \| VIII: Abuse and Neglect]] in this chapter.		Students also need to remember their legal responsibility to maintain professional conduct and client confidentiality. If abuse or neglect is suspected, consult with the Supervising lawyer about how to make a report to the appropriate authority. Refer to [[Governing Legislation and Resources for Adult Guardianship (15:II)#C. Resource Organizations \| sections II.C: Resource Organizations]] and [[Adult Abuse and Neglect (15:VIII) \| VIII: Abuse and Neglect]] in this chapter.

	== J. The Bentley (Litigation guardian) v. Maplewood Seniors Care Society Case ==		== J. The Bentley (Litigation guardian) v. Maplewood Seniors Care Society Case ==