Difference between revisions of "Personal Care and Consent in Residential Care"
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* participation by an adult in social, educational, vocational and other activities, | * participation by an adult in social, educational, vocational and other activities, | ||
* contact or association by an adult with other persons, and | * contact or association by an adult with other persons, and | ||
* licences, permits, approvals or other authorizations of an adult to do something. [[ | * licences, permits, approvals or other authorizations of an adult to do something. ([[{{PAGENAME}}#References|1]]) | ||
In a care facility, some aspects of personal care are referred to as the “basic ADLs” (activities of daily living). These consist of tasks related to areas of “self care” where the person may need assistance including: | In a care facility, some aspects of personal care are referred to as the “basic ADLs” (activities of daily living). These consist of tasks related to areas of “self care” where the person may need assistance including: | ||
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In residential care, personal care includes the most intimate types of contact. It can include washing the person in a bath or shower, or in bed, washing hair, cleansing the person’s mouth, and eye care), movement (which can include: touching to move the resident to bed, moving the resident from lying to sitting, lateral transfers, helping the person to sit back in a chair, moving the person from sitting to standing, and walking), nutrition and fluid intake (including help with eating and drinking, feeding tubes, and feeding tube care), toileting (include using a toilet or bedpan, suppositories, enemas, feces specimens, urine specimens, and catheter care), observation and monitoring (including measuring and recording temperature, blood pressure, pulse, and respiratory rate), and care of the person immediately following death. Personal care involves cultural and religious preferences, such as whether to continue to eat kosher food. | In residential care, personal care includes the most intimate types of contact. It can include washing the person in a bath or shower, or in bed, washing hair, cleansing the person’s mouth, and eye care), movement (which can include: touching to move the resident to bed, moving the resident from lying to sitting, lateral transfers, helping the person to sit back in a chair, moving the person from sitting to standing, and walking), nutrition and fluid intake (including help with eating and drinking, feeding tubes, and feeding tube care), toileting (include using a toilet or bedpan, suppositories, enemas, feces specimens, urine specimens, and catheter care), observation and monitoring (including measuring and recording temperature, blood pressure, pulse, and respiratory rate), and care of the person immediately following death. Personal care involves cultural and religious preferences, such as whether to continue to eat kosher food. | ||
It is well recognized that circumstances where people intrude on the resident’s personal physical integrity without consent and cooperation may be considered an assault and battery in criminal law, as well as at common law. Most care facility operators and staff recognize the fundamental importance of respecting the person’s physical integrity, and will stop or modify their approach to care if the resident appears to be resistive, refusing or not cooperating with the activity that others want to happen. Failure to do that may constitute “abuse”, under Adult Guardianship Act and the Residential Care Regulations . [[ | It is well recognized that circumstances where people intrude on the resident’s personal physical integrity without consent and cooperation may be considered an assault and battery in criminal law, as well as at common law. Most care facility operators and staff recognize the fundamental importance of respecting the person’s physical integrity, and will stop or modify their approach to care if the resident appears to be resistive, refusing or not cooperating with the activity that others want to happen. Failure to do that may constitute “abuse”, under Adult Guardianship Act and the Residential Care Regulations . ([[{{PAGENAME}}#References|2]])At the same time under the same laws, failing to provide needed care or assistance may be neglect.([[{{PAGENAME}}#References|3]]) | ||
[[File:group discussing.jpg | left | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]] | [[File:group discussing.jpg | left | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]] | ||
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The representation agreement (described in Chapter 7 “Substitute Decisionmaking”) is a formal mechanism for people to express their wishes as to personal care decisions (where they wish to live, whether they would want to continue to have kosher meals, the type of lifestyle he or she wants to lead, etc.) and to choose someone to speak on their behalf about those preferences after incapacity. | The representation agreement (described in Chapter 7 “Substitute Decisionmaking”) is a formal mechanism for people to express their wishes as to personal care decisions (where they wish to live, whether they would want to continue to have kosher meals, the type of lifestyle he or she wants to lead, etc.) and to choose someone to speak on their behalf about those preferences after incapacity. | ||
==References== | |||
#Representation Agreement Act [RSBC 1996] c. 405, s. 1 [“RRA”] | |||
#See for example, RCR, Schedule D. "physical abuse" means any physical force that is excessive for, or is inappropriate to, a situation involving a person in care and perpetrated by a person not in care; | |||
#AGA defines "neglect" as “any failure to provide necessary care, assistance, guidance or attention to an adult that causes, or is reasonably likely to cause within a short period of time, the adult serious physical, mental or emotional harm or substantial damage or loss in respect of the adult's financial affairs, and includes self neglect. | |||
{{REVIEWED | reviewer = BC Centre for Elder Advocacy and Support, June 2014}} | {{REVIEWED | reviewer = BC Centre for Elder Advocacy and Support, June 2014}} | ||
{{Legal Issues in Residential Care: An Advocate's Manual Navbox}} | {{Legal Issues in Residential Care: An Advocate's Manual Navbox}} | ||