Legal Issues in Residential Care: An Advocate's Manual: Difference between revisions
Jump to navigation
Jump to search
Nate Russell (talk | contribs) |
|||
| (121 intermediate revisions by 7 users not shown) | |||
| Line 1: | Line 1: | ||
{{ | {{Cover Thumbnail | ||
{{Clicklaw Wikibooks Badge}} | |filename = Legal_Issues_in_Residential_Care_cover_image.jpg | ||
|title = ''Legal Issues in Residential Care: An Advocate's Manual''}}{{Clicklaw Wikibooks Badge}} | |||
'''''Legal Issues in Residential Care: An Advocate's Manual''''' is from | {{Export_Badge_BCCEAS | ||
|SavedBookName = Legal_Issues_in_Residential_Care | |||
}} | |||
'''''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 | *'''[[Introduction and Forward to Legal Issues in Residential Care|Introduction and Forward]]''' | ||
*'''[[Acknowledgements for Legal Issues in Residential Care| Acknowledgements]]''' | |||
=== 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]] | ||
*'''[[ | *'''[[Legal Frameworks of Residential Care|Legal Frameworks of Residential Care]] | ||
**[[ | **[[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]] | ||
*'''[[ | *'''[[Other Key Laws and Regulations in Residential Care|Other Key Laws and Regulations]] | ||
**[[ | **[[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]] | ||
*'''[[Chapter One Resources and Appendix|Chapter One Resources and Appendix]] | *'''[[Chapter One Resources and Appendix in Legal Issues in Residential Care|Chapter One Resources and Appendix]] | ||
=== Chapter Two - Residents' Bill of Rights === | === Chapter Two - Residents' Bill of Rights === | ||
*'''[[ | *'''[[Understanding the Bill of Rights and Residential Care|Understanding the Bill of Rights]]''' | ||
*'''[[ | *'''[[Key Bill of Rights Provisions for Residential Care|The Key Provisions]] | ||
**[[ | **[[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]] | ||
*'''[[ | *'''[[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 === | ||
*'''[[ | *'''[[Introduction to Legal Issues in Admission and Transfer in Residential Care|Introduction to Legal Issues in Admission and Transfer]] | ||
**[[ | **[[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?]] | ||
*'''[[ | *'''[[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]] | ||
*'''[[ | *'''[[Contractual Protections in Admission and Transfer|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]] | ||
*'''[[ | *'''[[First Appropriate Bed Policy|First Appropriate Bed Policy]] | ||
**[[ | **[[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]] | ||
*'''[[ | *'''[[Advance Care Planning for Residential Care|Advance Care Planning]] | ||
*'''[[ | *'''[[Care Plans and Legal Issues in Admission and Transfer|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]] | ||
*'''[[Chapter Three Resources and Appendix|Chapter Three Resources and Appendix]] | *'''[[Chapter Three Resources and Appendix in Legal Issues in Residential Care|Chapter Three Resources and Appendix]] | ||
=== Chapter Four - Legal Issues | === Chapter Four - Legal Issues when Living in Residential Care === | ||
*'''[[ | *'''[[Common Care Issues when Living in Residential Care|Common Care Issues]] | ||
**[[ | **[[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]] | ||
*'''[[ | *'''[[Six Pressing Issues when Living in Residential Care|Six Pressing Issues]] | ||
**[[ | **[[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|Chapter Four Resources and Appendix]] | *'''[[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 === | ||
*'''[[ | *'''[[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]] | ||
*'''[[Chapter Five Resources and Appendix|Chapter Five Resources and Appendix]] | *'''[[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 === | === 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|Chapter Six Resources and Appendix]] | *'''[[Chapter Six Resources and Appendix in Legal Issues in Residential Care|Chapter Six Resources and Appendix]] | ||
=== Chapter Seven - Substitute Decision-Making === | === Chapter Seven - Substitute Decision-Making === | ||
*'''[[ | *'''[[Introduction: A Right to Decide in Residential Care|Introduction: A Right to Decide]] | ||
*'''[[ | *'''[[Types of Substitute Decision-Making in Residential Care|Types of Substitute Decision-Making]] | ||
**[[ | **[[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]] | ||
*'''[[Chapter Seven Resources and Appendix|Chapter Seven Resources and Appendix]] | *'''[[Chapter Seven Resources and Appendix in Legal Issues in Residential Care|Chapter Seven Resources and Appendix]] | ||
</div> | |||
==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; | * Protecting the legal rights of older adults; | ||
| Line 129: | Line 135: | ||
* Providing supportive programs for older adults who have been abused. | * Providing supportive programs for older adults who have been abused. | ||
:[[File:BC Centre for Elder Advocacy and Support Logo.jpg|frameless|none|300px|link=]] | |||
:150- 900 Howe Street | |||
:Vancouver, BC V6Z 2S9 | |||
:Telephone:604.688.1927 | |||
:Email: info@bcceas.ca | |||
:Website: [http://seniorsfirstbc.ca/ seniorsfirstbc.ca] | |||
{{Legal Issues in Residential Care: An Advocate's Manual Navbox}} | {{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= | |||
}} | |||
__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
 |
This is a Clicklaw Wikibook, a collaborative, plain language legal publication that is updated as a wiki and can be printed or downloaded. |
 |
Download the full Wikibook in PDF. |
 |
Download the full Wikibook in EPUB (learn more). |
 |
Customize: take what you need, leave the rest (learn more). |
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
- Health Care Consent
- 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?
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
 |