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'''''Legal Issues in Residential Care: An Advocate's Manual''''' is from the BC Centre for Elder Advocacy and Support.  
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'''''Legal Issues in Residential Care: An Advocate's Manual''''' wikibook is from Seniors First BC (formerly BC Centre for Elder Advocacy and Support). Learn more about [[Clicklaw Wikibooks]].


== Contents ==
== Contents ==
<div class="ul-chapters-books">
*'''[[Introduction and Forward to Legal Issues in Residential Care|Introduction and Forward]]'''
*'''[[Acknowledgements for Legal Issues in Residential Care| Acknowledgements]]'''


*'''[[Introduction and Forward for Legal Issues in Residential Care: An Advocate's Manual|Introduction and Forward]]'''
=== Chapter One - Statutory Framework ===


=== Chapter One - Statutory Framework ===
*'''[[Overview of Legal Issues in Residential Care|Overview]]
**[[Overview of Legal Issues in Residential Care#What is Residential Care?|What is Residential Care?]]{{·}}[[Overview of Legal Issues in Residential Care#When is it Residential Care?|When is it Residential Care?]]{{·}}[[Overview of Legal Issues in Residential Care#What is Complex Care?|What is Complex Care?]]{{·}}[[Overview of Legal Issues in Residential Care#Funding: Three Types of Facilities|Funding: Three Types of Facilities]]{{·}}[[Overview of Legal Issues in Residential Care#Knowing the Specific Parties|Knowing the Specific Parties]]


*'''[[A. Part One - Overview for Legal Issues in Residential Care: An Advocate's Manual|A. Part One - Overview]]
*'''[[Legal Frameworks of Residential Care|Legal Frameworks of Residential Care]]
**[[What is Residential Care|What is Residential Care?]]{{·}}[[When is it Residential Care|When is it Residential Care?]]{{·}}[[What is Complex Care|What is Complex Care?]]{{·}}[[Knowing the Specific Parties|Knowing the Specific Parties]]
**[[Legal Frameworks of Residential Care#The Statutory Framework for Care Staff|The Statutory Framework for Care Staff]]{{·}}[[Legal Frameworks of Residential Care#The General Statutory Framework in Residential Care|The General Statutory Framework in Residential Care]]


*'''[[B. Part Two - Legal Frameworks for Legal Issues in Residential Care: An Advocate's Manual|B. Part Two - Legal Frameworks]]
*'''[[Other Key Laws and Regulations in Residential Care|Other Key Laws and Regulations]]
**[[The Statutory Framework for Care Staff|The Statutory Framework for Care Staff]]{{·}}[[The General Statutory Framework in Residential Care|The General Statutory Framework in Residential Care]]
**[[Other Key Laws and Regulations in Residential Care#Care|Care]]{{·}}[[Other Key Laws and Regulations in Residential Care#Financial and Related Matters|Financial and Related Matters]]{{·}}[[Other Key Laws and Regulations in Residential Care#Substitute Decision-Making|Substitute Decision-Making]]{{·}}[[Other Key Laws and Regulations in Residential Care#Privacy Matters|Privacy Matters]]{{·}}[[Other Key Laws and Regulations in Residential Care#Special Populations|Special Populations]]{{·}}[[Other Key Laws and Regulations in Residential Care#Rights, Remedies and Oversight|Rights, Remedies and Oversight]]{{·}}[[Other Key Laws and Regulations in Residential Care#Legislation Related to Funding|Legislation Related to Funding]]{{·}}[[Other Key Laws and Regulations in Residential Care#Professional Responsibility Laws|Professional Responsibility Laws]]{{·}}[[Other Key Laws and Regulations in Residential Care#Miscellaneous|Miscellaneous]]


*'''[[C. Other Key Laws and Regulations for Legal Issues in Residential Care: An Advocate's Manual|C. Other Key Laws and Regulations]]
*'''[[Chapter One Resources and Appendix in Legal Issues in Residential Care|Chapter One Resources and Appendix]]
**[[Care in Legal Issues in Residential Care|Care]]{{·}}[[Financial and Related Matters in Legal Issues in Residential Care|Financial and Related Matters]]{{·}}[[Substitute Decision-Making in Residential Care|Substitute Decision-Making]]{{·}}[[Privacy Matters in Residential Care|Privacy Matters]]{{·}}[[Special Populations in Residential Care|Special Populations]]{{·}}[[Rights, Remedies and Oversight in Residential Care|Rights, Remedies and Oversight]]{{·}}[[Legislation Related to Funding in Residential Care|Legislation Related]]{{·}}[[Professional Responsibility Laws in Residential Care|Professional Responsibility Laws]]{{·}}[[Miscellaneous in Legal Issues in Residential Care|Miscellaneous]]


=== Chapter Two - Residents' Bill of Rights ===
=== Chapter Two - Residents' Bill of Rights ===


*'''[[A. Understanding the Bill of Rights in Residential Care|A. Understanding the Bill of Rights]]
*'''[[Understanding the Bill of Rights and Residential Care|Understanding the Bill of Rights]]'''


*'''[[B. The Key Provisions in Residential Care|B. The Key Provisions]]
*'''[[Key Bill of Rights Provisions for Residential Care|The Key Provisions]]
**[[Section 1 - Commitment to Care in Residential Care|Section 1 - Commitment to Care]]{{·}}[[Section 2 - Rights to Health, Safety and Dignity in Residential Care|Section 2 - Rights to Health, Safety and Dignity]]{{·}}[[Section 3 - Rights to Participation and Freedom of Expression in Residential Care|Section 3 - Rights to Participation and Freedom of Expression]]{{·}}[[Section 4 - Rights to Transparency in Residential Care|Section 4 - Rights to Transparency]]{{·}}[[Section 5 - Scope of Rights in Residential Care|Section 5 - Scope of Rights]]
**[[Key Bill of Rights Provisions for Residential Care#Commitment to Care|Commitment to Care]]{{·}}[[Key Bill of Rights Provisions for Residential Care#Rights to Health, Safety and Dignity|Rights to Health, Safety and Dignity]]{{·}}[[Key Bill of Rights Provisions for Residential Care#Rights to Participation and Freedom of Expression|Rights to Participation and Freedom of Expression]]{{·}}[[Key Bill of Rights Provisions for Residential Care#Rights to Transparency|Rights to Transparency]]{{·}}[[Key Bill of Rights Provisions for Residential Care#Scope of Rights|Scope of Rights]]


*'''[[C.  Protecting and Enforcing the Rights in Residential Care|C.  Protecting and Enforcing the Rights]]
*'''[[Protecting and Enforcing Rights in Residential Care|Protecting and Enforcing Rights]]


=== Chapter Three - Legal Issues in Admission and Transfer ===
=== Chapter Three - Legal Issues in Admission and Transfer ===


*'''[[A. Introduction to Legal Issues in Admission and Transfer|A. Introduction to Legal Issues in Admission and Transfer]]
*'''[[Introduction to Legal Issues in Admission and Transfer in Residential Care|Introduction to Legal Issues in Admission and Transfer]]
**[[Basic Issues in Eligibility for Residential Care|Basic Issues in Eligibility for Residential Care]]{{·}}[[Moving to Residential Care|Moving to Residential Care]]{{·}}[[Costs in Admission and Transfer|Costs]]
**[[Introduction to Legal Issues in Admission and Transfer in Residential Care#Basic Issues in Eligibility for Residential Care|Basic Issues in Eligibility for Residential Care]]{{·}}[[Introduction to Legal Issues in Admission and Transfer in Residential Care#Moving to Residential Care|Moving to Residential Care]]{{·}}[[Introduction to Legal Issues in Admission and Transfer in Residential Care#Costs|Costs]]
 
*'''[[Admission to the Residential Care Facility|Admission to the Residential Care Facility]]
**[[Admission to the Residential Care Facility#Agreeing to the Admission|Agreeing to the Admission]]{{·}}[[Admission to the Residential Care Facility#Demonstrating Consent|Demonstrating Consent]]{{·}}[[Admission to the Residential Care Facility#Assessing Capability to Consent?|Assessing Capability to Consent?]]{{·}}[[Admission to the Residential Care Facility#What Kind of Decision is Admission to a Residential Care Facility and Who Makes It?|What Kind of Decision is Admission to a Residential Care Facility and Who Makes It?]]


*'''[[B. Admission to the Residential Care Facility|B. Admission to the Residential Care Facility]]
*'''[[Terms in Admission Agreements and Contracts in Residential Care|Terms in Admission Agreements and Contracts]]
**[[Agreeing to the Admission in Residential Care|Agreeing to the Admission]]{{·}}[[Demonstrating Consent in Admission and Transfer|Demonstrating Consent]]{{·}}[[Assessing Capability to Consent in Admission and Transfer |Assessing Capability to Consent?]]{{·}}[[What Kind of Decision is Admission to a Residential Care Facility and Who Makes It|What Kind of Decision is Admission to a Residential Care Facility and Who Makes It?]]


*'''[[C. Terms in Admission Agreements and Contracts in Residential Care|Terms in Admission Agreements and Contracts]]
*'''[[Common Legal Matters in Contracts in Residential Care Admission and Transfer|Common Legal Matters in Contracts]]
**[[Common Legal Matters in Contracts in Residential Care Admission and Transfer#Payment Default and Guarantees|Payment Default and Guarantees]]{{·}}[[Common Legal Matters in Contracts in Residential Care Admission and Transfer#Signing as a Substitute Decision-Maker (SDM)|Signing as a Substitute Decision-Maker (SDM)]]{{·}}[[Common Legal Matters in Contracts in Residential Care Admission and Transfer#Other Areas|Other Areas]]


*'''[[D. Common Legal Matters in Contracts in Residential Care Admission and Transfer|D. Common Legal Matters in Contracts]]
*'''[[Contractual Protections in Admission and Transfer|Contractual Protections]]
**[[Payment Default and Guarantee in Residential Care Admission and Transfer|Payment Default and Guarantee]]{{·}}[[Signing as a Substitute Decision-Maker in Residential Care Admission and Transfer|Signing as a Substitute Decision-Maker]]{{·}}[[Other Areas in Legal Issues in Admission and Transfer|Other Areas]]


*'''[[E. Contractual Protections in Legal Issues in Admission and Transfer|E. Contractual Protections]]
*'''[[Consenting to Admission to a Care Facility|Consenting to Admission to a Care Facility]]
**[[Consenting to Admission to a Care Facility#Screening|Screening]]{{·}}[[Consenting to Admission to a Care Facility#Assessing Capacity for Admission |Assessing Capacity for Admission]]{{·}}[[Consenting to Admission to a Care Facility#Consent|Consent]]{{·}}[[Consenting to Admission to a Care Facility#Use of the Mental Health Act to Admit Older Adults to Residential Care|Use of the Mental Health Act to Admit Older Adults to Residential Care]]


*'''[[F. Consenting to Admission to a Care Facility|F. Consenting to Admission to a Care Facility]]
*'''[[First Appropriate Bed Policy|First Appropriate Bed Policy]]
**[[Screening in Residential Care Admission and Transfer|Screening]]{{·}}[[Assessing Capacity for Admission to a Residential Care Facility|Assessing Capacity for Admission]]{{·}}[[Consent in Residential Care Admission and Transfer|Consent]]{{·}}[[Use of the Mental Health Act to Admit Older Adults to Residential Care|Use of the Mental Health Act to Admit Older Adults to Residential Care]]
**[[First Appropriate Bed Policy#What is "Appropriate"?|What is “Appropriate”?]]{{·}}[[First Appropriate Bed Policy#The Effect of Declining an Offered Placement|The Effect of Declining an Offered Placement]]


*'''[[G. First Appropriate Bed Policy|G. First Appropriate Bed Policy]]
*'''[[Advance Care Planning for Residential Care|Advance Care Planning]]
**[[What is "Appropriate" in First Appropriate Bed Policy|What is “Appropriate”?]]{{·}}[[The Effect of Declining an Offered Placement|The Effect of Declining an Offered Placement]]


*'''[[H.Advance Care Planning for Residential Care|Advance Care Planning]]
*'''[[Care Plans and Legal Issues in Admission and Transfer|Care Plans]]


*'''[[I. Care Plans and Legal Issues in Admission and Transfer|I. Care Plans]]
*'''[[Admission Process for Special Individuals or Circumstances|Admission Process for Special Individuals or Circumstances]]
**[[Admission Process for Special Individuals or Circumstances#Admission of Veterans|Admission of Veterans]]{{·}}[[Admission Process for Special Individuals or Circumstances#Admission of Aboriginal Residents|Admission of Aboriginal Residents]]{{·}}[[Admission Process for Special Individuals or Circumstances#Admission of Spouses with Different Care Needs|Admission of Spouses with Different Care Needs]]{{·}}[[Admission Process for Special Individuals or Circumstances#Admission of Sponsored Immigrants Needing Care|Admission of Sponsored Immigrants Needing Care]]


*'''[[J. Admission Process for Special Individuals or Circumstances|J. Admission Process for Special Individuals or Circumstances]]
*'''[[Chapter Three Resources and Appendix in Legal Issues in Residential Care|Chapter Three Resources and Appendix]]
**[[Admission of Veterans to Residential Care| Admission of Veterans]]{{·}}[[Admission of Aboriginal Residents to Care Facilities|Admission of Aboriginal Residents]]{{·}}[[Admission of Spouses with Different Care Needs|Admission of Spouses with Different Care Needs]]{{·}}[[Admission of Sponsored Immigrants Needing Care|Admission of Sponsored Immigrants Needing Care]]


=== Chapter Four - Legal Issues When Living in Residential Care ===
=== Chapter Four - Legal Issues when Living in Residential Care ===


*'''[[A. Part One - Common Care Issues and Legal Issues When Living in Residential Care|A. Part One - Common Care Issues]]
*'''[[Common Care Issues when Living in Residential Care|Common Care Issues]]
**[[Care Plans and and Legal Issues When Living in Residential Care| Care Plans]]{{·}}[[Communication and Legal Issues When Living in Residential Care]]{{·}}[[Care Conferences and Legal Issues When Living in Residential Care|Care Conferences]]{{·}}[[Staffing and Legal Issues When Living in Residential Care|Staffing]]{{·}}[[Quality of Care and Legal Issues When Living in Residential Care|Quality of Care]]{{·}}[[Continence Care and Legal Issues When Living in Residential Care|Continence Care]]{{·}}[[Risk Taking and Legal Issues When Living in Residential Care|Risk Taking]]{{·}}[[Private Communication and Legal Issues When Living in Residential Care|Private Communication]]{{·}}[[Paid Companions in Residential Care|Paid Companions in Residential Care]]{{·}}[[Renovations and Closure of Facilities and Legal Issues When Living in Residential Care|Renovations and Closure of Facilities]]
**[[Common Care Issues when Living in Residential Care#Care Plans|Care Plans]]{{·}}[[Common Care Issues when Living in Residential Care#Communication|Communication]]{{·}}[[Common Care Issues when Living in Residential Care#Care Conferences|Care Conferences]]{{·}}[[Common Care Issues when Living in Residential Care#Staffing|Staffing]]{{·}}[[Common Care Issues when Living in Residential Care#Quality of Care|Quality of Care]]{{·}}[[Common Care Issues when Living in Residential Care#Continence Care|Continence Care]]{{·}}[[Common Care Issues when Living in Residential Care#Risk Taking|Risk Taking]]{{·}}[[Common Care Issues when Living in Residential Care#Private Communication|Private Communication]]{{·}}[[Common Care Issues when Living in Residential Care#Paid Companions in Residential Care|Paid Companions in Residential Care]]{{·}}[[Common Care Issues when Living in Residential Care#Renovations and Closure of Facilities|Renovations and Closure of Facilities]]


*'''[[B. Part Two - Seven Pressing Issues and Legal Issues When Living in Residential Care|B. Part Two - Seven Pressing Issues]]
*'''[[Six Pressing Issues when Living in Residential Care|Six Pressing Issues]]
**[[1. Medications and Legal Issues When Living in Residential Care|1. Medications]]{{·}}[[2. Control over Visiting and Legal Issues When Living in Residential Care|2. Control over Visiting]]{{·}}[[3. Abuse and Neglect and Legal Issues When Living in Residential Care|3. Abuse and Neglect]]{{·}}[[4. Resident to Resident Harms and Legal Issues When Living in Residential Care|4. Resident to Resident Harms]]{{·}}[[5. Reporting Responsibilities and Legal Issues When Living in Residential Care|5. Reporting Responsibilities]]{{·}}[[6. Restraints and Legal Issues When Living in Residential Care|6. Restraints]]{{·}}[[7. Video Surveillance and and Legal Issues When Living in Residential Care|7.  Video Surveillance]]
**[[Six Pressing Issues when Living in Residential Care#Medications|Medications]]{{·}}[[Six Pressing Issues when Living in Residential Care#Control Over Visiting|Control Over Visiting]]{{·}}[[Six Pressing Issues when Living in Residential Care#Abuse and Neglect|Abuse and Neglect]]{{·}}[[Six Pressing Issues when Living in Residential Care#Resident to Resident Harms|Resident to Resident Harms]]{{·}}[[Six Pressing Issues when Living in Residential Care#Reporting Responsibilities|Reporting Responsibilities]]{{·}}[[Six Pressing Issues when Living in Residential Care#Restraints|Restraints]]
 
*'''[[Chapter Four Resources and Appendix in Legal Issues in Residential Care|Chapter Four Resources and Appendix]]


=== Chapter Five - Rights, Remedies and Problem Resolution ===
=== Chapter Five - Rights, Remedies and Problem Resolution ===


*'''[[A.  The Need for Effective Remedies and Problem Resolution and Legal Issues and Residential Care|A.  The Need for Effective Remedies and Problem Resolution]]
*'''[[The Need for Effective Remedies and Problem Resolution in Residential Care|The Need for Effective Remedies and Problem Resolution]]
 
*'''[[The Basic Recourse Process under CCALA|The Basic Recourse Process under CCALA]]
**[[The Basic Recourse Process under CCALA#Concerns About Raising Concerns|Concerns About Raising Concerns]]{{·}}[[The Basic Recourse Process under CCALA#Reporting Protections|Reporting Protections]]{{·}}[[The Basic Recourse Process under CCALA#Threats of Being Sued|Threats of Being Sued]]
 
*'''[[Starting Points for Problem Resolution in Residential Care|Starting Points for Problem Resolution]]
**[[Starting Points for Problem Resolution in Residential Care#Residents Rights|Residents Rights]]{{·}}[[Starting Points for Problem Resolution in Residential Care#Family and Resident Councils|Family and Resident Councils]]
 
*'''[[Operator Responsibilities in Residential Care|Operator Responsibilities]]
 
*'''[[Directing Residential Care Concerns to Health Authorities|Directing Concerns to Health Authorities]]
**[[Directing Residential Care Concerns to Health Authorities#Patient Care Quality Office|Patient Care Quality Office]]{{·}}[[Directing Residential Care Concerns to Health Authorities#Patient Care Quality Review Board|Patient Care Quality Review Board]]{{·}}[[Directing Residential Care Concerns to Health Authorities#Community Care Licensing Offices|Community Care Licensing Offices]]{{·}}[[Directing Residential Care Concerns to Health Authorities#Local Ethics Committees|Local Ethics Committees]]{{·}}[[Directing Residential Care Concerns to Health Authorities#The BC Care Aide and Community Health Worker Registry|BC Care Aide and Community Health Worker Registry]]
 
*'''[[Directing Residential Care Concerns to External Bodies|Directing Concerns to External Bodies]]
**[[Directing Residential Care Concerns to External Bodies#Directing Concerns to External Bodies|Directing Concerns to External Bodies]]{{·}}[[Directing Residential Care Concerns to External Bodies#Directing Concerns to Review Boards|Directing Concerns to Review Boards]]{{·}}[[Directing Residential Care Concerns to External Bodies#Addressing Systemic Concerns: BC Seniors Advocate|Addressing Systemic Concerns: BC Seniors Advocate]]
 
*'''[[A Final Note on Rights, Remedies and Problem Resolution in Residential Care|A Final Note on Rights, Remedies and Problem Resolution]]
 
*'''[[Chapter Five Resources and Appendix in Legal Issues in Residential Care|Chapter Five Resources and Appendix]]
 
=== Chapter Six - Consent and Capacity ===
 
*'''[[Introduction to Consent and Capacity in Residential Care|Introduction]]
**[[Introduction to Consent and Capacity in Residential Care#Consent: An Area of Confusion|Consent: An Area of Confusion]]{{·}}[[Introduction to Consent and Capacity in Residential Care#Mental Capacity to Consent|Mental Capacity to Consent]]{{·}}[[Introduction to Consent and Capacity in Residential Care#Presumption of Capability|Presumption of Capability]]{{·}}[[Introduction to Consent and Capacity in Residential Care#Misuses of Presumptions| Misuses of Presumptions]]{{·}}[[Introduction to Consent and Capacity in Residential Care#How is Capability Determined?|How is Capability Determined?]]{{·}}[[Introduction to Consent and Capacity in Residential Care#Understanding Tests of Incapability|Understanding Tests of Incapability]]
 
*'''[[Health Care Consent in Residential Care|Health Care Consent]]
**[[Health Care Consent in Residential Care#The Conditions of Health Care Consent|The Conditions of Health Care Consent]]{{·}}[[Health Care Consent in Residential Care#Who Must Seek Consent for Health Care?|Who Must Seek Consent for Health Care?]]{{·}}[[Health Care Consent in Residential Care#What is Meant by “Health Care”?|What is Meant by “Health Care”?]]{{·}}[[Health Care Consent in Residential Care#Consent Rights|Consent Rights]]{{·}}[[Health Care Consent in Residential Care#The Consent Process|The Consent Process]]{{·}}[[Health Care Consent in Residential Care#How Does a Person Give Consent?|How Does a Person Give Consent?]]{{·}}[[Health Care Consent in Residential Care#Exceptions to Requiring Consent|Exceptions to Requiring Consent]]{{·}}[[Health Care Consent in Residential Care#Health Care at the Margins|Health Care at the Margins]]{{·}}[[Health Care Consent in Residential Care#Areas of Confusion Around Health Care Consent in Residential Care|Areas of Confusion Around Health Care Consent in Residential Care]]{{·}}[[Health Care Consent in Residential Care#Information Rights|Information Rights]]{{·}}[[Health Care Consent in Residential Care#Exploiting Consent Loopholes?|Exploiting Consent Loopholes?]]
 
*'''[[Care Planning in Residential Care|Care Planning]]
**[[Care Planning in Residential Care#Consent and Care Plans|Consent and Care Plans]]{{·}}[[Care Planning in Residential Care#Rights Associated with Care Plan Consent|Rights Associated with Care Plan Consent]]{{·}}[[Care Planning in Residential Care#Advance Care Planning - Advance Care Plan and Advance Care Directives|Advance Care Planning - Advance Care Plan and Advance Care Directives]]{{·}}[[Care Planning in Residential Care#Consent and Advance Care Directives|Consent and Advance Care Directives]]{{·}}[[Care Planning in Residential Care#Common Areas of Misunderstanding for Advance Health Care Consent|Common Areas of Misunderstanding for Advance Health Care Consent]]
 
*'''[[Personal Care and Consent in Residential Care|Personal Care and Consent]]
**[[Personal Care and Consent in Residential Care#What is Personal Care?|What is Personal Care?]]{{·}}[[Personal Care and Consent in Residential Care#Determining a Resident's Capacity to Make Personal Care Decisions|Determining a Resident’s Capacity to Make Personal Care Decisions]]
 
*'''[[Other Consent Issues in Residential Care|Other Consent Issues]]
**[[Other Consent Issues in Residential Care#Intimacy and Sexual Relations|Intimacy and Sexual Relations]]{{·}}[[Other Consent Issues in Residential Care#What Constitutes Consent in the Context of Intimacy and Sex?|What Constitutes Consent in the Context of Intimacy and Sex?]]
 
*'''[[Chapter Six Resources and Appendix in Legal Issues in Residential Care|Chapter Six Resources and Appendix]]
 
=== Chapter Seven - Substitute Decision-Making ===
 
*'''[[Introduction: A Right to Decide in Residential Care|Introduction: A Right to Decide]]


*'''[[B. The Basic Recourse Process under CCALA|B. The Basic Recourse Process under CCALA]]
*'''[[Types of Substitute Decision-Making in Residential Care|Types of Substitute Decision-Making]]
**[[Rights, Remedies and Problem Resolution: Concerns about Raising Concerns|Concerns about Raising Concerns]]{{·}}[[Rights, Remedies and Problem Resolution: Reporting Protections|Reporting Protections]]{{·}}[[Rights, Remedies and Problem Resolution: Threats of Being Sued|Threats of Being Sued]]
**[[Types of Substitute Decision-Making in Residential Care#Statutory Substitutes - Temporary Substitute Decision-Making for Health Decisions|Statutory Substitutes - Temporary Substitute Decision-Making for Health Decisions]]{{·}}[[Types of Substitute Decision-Making in Residential Care#Other Tools by Which People are Given Authority as Substitutes|Other Tools by Which People are Given Authority as Substitutes]]{{·}}[[Types of Substitute Decision-Making in Residential Care#Court Appointed Substitutes - Adult Guardianship/Committeeship|Court Appointed Substitutes - Adult Guardianship/Committeeship]]{{·}}[[Types of Substitute Decision-Making in Residential Care#Substitute Decision-Making Through Instructions - Advance Care Directives|Substitute Decision-Making Through Instructions - Advance Care Directives]]


*'''[[C. Starting Points for Problem Resolution in Residential Care|C. Starting Points for Problem Resolution]]
*'''[[Chapter Seven Resources and Appendix in Legal Issues in Residential Care|Chapter Seven Resources and Appendix]]
**[[Rights, Remedies and Problem Resolution: Residents Rights|Residents Rights]]{{·}}[[Rights, Remedies and Problem Resolution: Family and Resident Councils|Family and Resident Councils]]


*'''[[D.  Operator Responsibilities and Legal Issues and Residential Care|D.  Operator Responsibilities]]
</div>


*'''[[Directing Concerns to Health Authorities and Legal Issues and Residential Care|Directing Concerns to Health Authorities]]
==About Seniors First BC==
**[[Rights, Remedies and Problem Resolution: Patient Care Quality Office|Patient Care Quality Office]]{{·}}[[Rights, Remedies and Problem Resolution: Community Care Licensing Offices|Community Care Licensing Offices]]{{·}}[[Rights, Remedies and Problem Resolution: Local Ethics Committees|Local Ethics Committees]]{{·}}[[Rights, Remedies and Problem Resolution: BC Care Aide & Community Health Worker Registry|BC Care Aide & Community Health Worker Registry]]{{·}}[[Rights, Remedies and Problem Resolution: Directing Concerns to External Bodies|Directing Concerns to External Bodies]]{{·}}[[Rights, Remedies and Problem Resolution:Directing Concerns to Review Boards|Directing Concerns to Review Boards]]{{·}}[[Addressing Systemic Concerns: BC Seniors Advocate|Addressing Systemic Concerns: BC Seniors Advocate]]


=== Chapter Six - Consent and Capacity ===
Seniors First BC (formerly BC Centre for Elder Advocacy and Support) is a non-profit charitable organization located in British Columbia, Canada. We are committed to:


*'''[[A. Part 1 Introduction to Consent and Capacity in Residential Care|A. Part 1 Introduction]]
* Protecting the legal rights of older adults;
**[[Consent: an Area of Confusion in Residential Care|Consent: an Area of Confusion]]{{·}}[[Mental Capacity to Consent to Residential Care|Mental Capacity to Consent]]{{·}}[[Presumption of Capability in Residential Care|Presumption of Capability]]{{·}}[[Misuses of Presumptions in Residential Care| Misuses of Presumptions]]{{·}}[[How is Capability Determined in Residential Care|How is Capability Determined?]]{{·}}[[Understanding Tests of Incapability in Residential Care|Understanding Tests of Incapability]]
* Increasing access to justice for older adults;
* Informing the public about elder abuse; and
* Providing supportive programs for older adults who have been abused.


*'''[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care|B. Part 2 Health Care Consent]]
:[[File:BC Centre for Elder Advocacy and Support Logo.jpg|frameless|none|300px|link=]]  
**[[The Conditions of Health Care Consent in Residential Care|The Conditions of Health Care Consent]]{{·}}[[Who Must Seek Consent for Health Care in Residential Care|Who Must Seek Consent for Health Care]]{{·}}[[What Is Meant by Health Care in Residential Care|What Is Meant by Health Care?]]{{·}}[[Consent Rights in Residential Care|Consent Rights]]{{·}}[[The Consent Process in Residential Care|The Consent Process]]{{·}}[[How Does a Person Give Consent in Residential Care|How Does a Person Give Consent?]]{{·}}[[Exceptions to Requiring Consent in Residential Care|Exceptions to Requiring Consent]]{{·}}[[Residential Care and Health Care at the Margins|Health Care at the Margins]]{{·}}[[Areas of Confusion about Health Care Consent in Residential Care|Areas of Confusion about Health Care Consent in Residential Care]][[Residential Care and Exploiting Consent Loopholes|Exploiting Consent Loopholes?]]


*'''[[C. Part 3 Care Planning in Consent and Capacity in Residential Care|C. Part 3 Care Planning]]
:150- 900 Howe Street
:Vancouver, BC V6Z 2S9
:Telephone:604.688.1927
:Email: info@bcceas.ca
:Website: [http://seniorsfirstbc.ca/ seniorsfirstbc.ca]  


*'''[[D. Part 4  Personal Care and Consent in Consent and Capacity in Residential Care|D. Part 4  Personal Care and Consent]]
{{Legal Issues in Residential Care: An Advocate's Manual Navbox}}
{{Creative Commons for BC CEAS
|title = Legal Issues in Residential Care: An Advocate's Manual
|author=
}}


*'''[[E. Part 5 Other Consent Issues in Consent and Capacity in Residential Care|E. Part 5 Other Consent Issues]]
__NOTOC__
<noinclude>__NOGLOSSARY__</noinclude>
[[Category:Navigation Page]]
[[Category: Legal Issues in Residential Care: An Advocate's Manual]]

Latest revision as of 00:11, 24 February 2024

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Cover of Legal Issues in Residential Care: An Advocate's Manual
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Legal Issues in Residential Care: An Advocate's Manual wikibook is from Seniors First BC (formerly BC Centre for Elder Advocacy and Support). Learn more about Clicklaw Wikibooks.

Contents

Chapter One - Statutory Framework

Chapter Two - Residents' Bill of Rights

Chapter Three - Legal Issues in Admission and Transfer

Chapter Four - Legal Issues when Living in Residential Care

Chapter Five - Rights, Remedies and Problem Resolution

Chapter Six - Consent and Capacity

Chapter Seven - Substitute Decision-Making

About Seniors First BC

Seniors First BC (formerly BC Centre for Elder Advocacy and Support) is a non-profit charitable organization located in British Columbia, Canada. We are committed to:

  • Protecting the legal rights of older adults;
  • Increasing access to justice for older adults;
  • Informing the public about elder abuse; and
  • Providing supportive programs for older adults who have been abused.
150- 900 Howe Street
Vancouver, BC V6Z 2S9
Telephone:604.688.1927
Email: info@bcceas.ca
Website: seniorsfirstbc.ca
v • d • e
Introduction
Chapter One: Statutory Framework
Chapter Two: Residents' Bill of Rights
Chapter Three: Legal Issues in Admission and Transfer
Basic Issues in Eligibility for Residential Care · Moving to Residential Care · Costs · Agreeing to the Admission · Demonstrating Consent · Assessing Capability to Consent? · What Kind of Decision is Admission to a Residential Care Facility and Who Makes It? · Terms in Admission Agreements and Contracts · Payment Default and Guarantees · Signing as a Substitute Decision-Maker (SDM) · Other Areas · Contractual Protections · Screening · Assessing Capacity for Admission · Consent · Use of the Mental Health Act to Admit Older Adults to Residential Care · What is “Appropriate”? · The Effect of Declining an Offered Placement · Advance Care Planning · Care Plans · Admission of Veterans · Admission of Aboriginal Residents · Admission of Spouses with Different Care Needs · Admission of Sponsored Immigrants Needing Care
Chapter Four: Legal Issues When Living in Residential Care
Chapter Five: Rights, Remedies and Problem Resolution
Chapter Six: Consent and Capacity
Consent: An Area of Confusion · Mental Capacity to Consent · Presumption of Capability · Misuses of Presumptions · How is Capability Determined? · Understanding Tests of Incapability · The Conditions of Health Care Consent · Who Must Seek Consent for Health Care? · What is Meant by “Health Care”? · Consent Rights · The Consent Process · How Does a Person Give Consent? · Exceptions to Requiring Consent · Health Care at the Margins · Areas of Confusion Around Health Care Consent in Residential Care · Information Rights · Exploiting Consent Loopholes? · Consent and Care Plans · Rights Associated with Care Plan Consent · Advance Care Planning - Advance Care Plan and Advance Care Directives · Consent and Advance Care Directives · Common Areas of Misunderstanding for Advance Health Care Consent · What is Personal Care? · Determining a Resident’s Capacity to Make Personal Care Decisions · Intimacy and Sexual Relations · What Constitutes Consent in the Context of Intimacy and Sex?
Chapter Seven: Substitute Decision-Making
Resources, References and Information


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Legal Issues in Residential Care: An Advocate's Manual © BC Centre for Elder Advocacy and Support is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.
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