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{{DEMOWARNING}}
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|title = ''Legal Issues in Residential Care: An Advocate's Manual''}}{{Clicklaw Wikibooks Badge}}
'''''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]]'''
*'''[[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 ===
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**[[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]]
**[[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 in Legal Issues in Residential Care: An Advocate's Manual|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]]
*'''[[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|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]]
**[[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 the Rights in Residential Care|Protecting and Enforcing the Rights]]
*'''[[Protecting and Enforcing Rights in Residential Care|Protecting and Enforcing Rights]]
 
*'''[[Introduction, Chapter One and Two of Legal Issues in Residential Care References|Introduction, Chapter One and Two of Legal Issues in Residential Care References]]


=== Chapter Three - Legal Issues in Admission and Transfer ===
=== Chapter Three - Legal Issues in Admission and Transfer ===
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**[[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]]
**[[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 in Legal Issues in Residential Care: An Advocate's Manual|Chapter Three Resources and Appendix]]
*'''[[Chapter Three Resources and Appendix in Legal Issues in Residential Care|Chapter Three Resources and Appendix]]
 
*'''[[Chapter Three Legal Issues in Residential Care References|Chapter Three References]]


=== Chapter Four - Legal Issues When Living in Residential Care ===
=== 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|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]]
**[[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|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 and Legal Issues When Living in Residential Care|Restraints]]
**[[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: An Advocate's Manual|Chapter Four Resources and Appendix]]
*'''[[Chapter Four Resources and Appendix in Legal Issues in Residential Care|Chapter Four Resources and Appendix]]
 
*'''[[Chapter Four Legal Issues in Residential Care References|Chapter Four References]]


=== Chapter Five - Rights, Remedies and Problem Resolution ===
=== Chapter Five - Rights, Remedies and Problem Resolution ===
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*'''[[Operator Responsibilities in Residential Care|Operator Responsibilities]]
*'''[[Operator Responsibilities in Residential Care|Operator Responsibilities]]


*'''[[Directing Concerns to Health Authorities in Residential Care|Directing Concerns to Health Authorities]]
*'''[[Directing Residential Care Concerns to Health Authorities|Directing Concerns to Health Authorities]]
**[[Directing Concerns to Health Authorities in Residential Care#Patient Care Quality Office|Patient Care Quality Office]]{{·}}[[Directing Concerns to Health Authorities in Residential Care#Patient Care Quality Review Board|Patient Care Quality Review Board]]{{·}}[[Directing Concerns to Health Authorities in Residential Care#Community Care Licensing Offices|Community Care Licensing Offices]]{{·}}[[Directing Concerns to Health Authorities in Residential Care#Local Ethics Committees|Local Ethics Committees]]{{·}}[[Directing Concerns to Health Authorities in Residential Care#The BC Care Aide and Community Health Worker Registry|BC Care Aide and Community Health Worker Registry]]{{·}}[[Directing Concerns to Health Authorities in Residential Care#Directing Concerns to External Bodies|Directing Concerns to External Bodies]]{{·}}[[Directing Concerns to Health Authorities in Residential Care#Directing Concerns to Review Boards|Directing Concerns to Review Boards]]{{·}}[[Directing Concerns to Health Authorities in Residential Care#Addressing Systemic Concerns: BC Seniors Advocate|Addressing Systemic Concerns: BC Seniors Advocate]]
**[[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]]


*'''[[Chapter Five Resources and Appendix in Legal Issues in Residential Care: An Advocate's Manual|Chapter Five Resources and Appendix]]
*'''[[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 Legal Issues in Residential Care References|Chapter Five References]]
*'''[[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 ===  
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*'''[[Health Care Consent in Residential Care|Health Care Consent]]
*'''[[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?]]
**[[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|Care Planning]]
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**[[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?]]
**[[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: An Advocate's Manual|Chapter Six Resources and Appendix]]
*'''[[Chapter Six Resources and Appendix in Legal Issues in Residential Care|Chapter Six Resources and Appendix]]
 
*'''[[Chapter Six Legal Issues in Residential Care References|Chapter Six References]]


=== Chapter Seven - Substitute Decision-Making ===
=== Chapter Seven - Substitute Decision-Making ===
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**[[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]]
**[[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 in Legal Issues in Residential Care: An Advocate's Manual|Chapter Seven Resources and Appendix]]
*'''[[Chapter Seven Resources and Appendix in Legal Issues in Residential Care|Chapter Seven Resources and Appendix]]


*'''[[Chapter Seven Legal Issues in Residential Care References|Chapter Seven References]]
</div>


==About this Wikibook==
==About Seniors First BC==


*[[About |About ''Legal Issues in Residential Care: An Advocate's Manual'']]
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:
*Learn more about [[Clicklaw Wikibooks]]
 
==About the BC Centre for Elder Advocacy and Support==
 
The BC CEAS 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;
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* Providing supportive programs for older adults who have been abused.
* Providing supportive programs for older adults who have been abused.


Find out more at [http://bcceas.ca/ bcceas.ca/]
:[[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]  


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{{Legal Issues in Residential Care: An Advocate's Manual Navbox}}
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[[Category: Legal Issues in Residential Care: An Advocate's Manual]]

Latest revision as of 00:11, 24 February 2024

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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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