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Difference between revisions of "Personal Care and Consent in Residential Care"

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==What is Personal Care?==
==What is Personal Care?==
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The term “personal care” is used very loosely in legal and health care fields without much regard to what it really means. In some frameworks, personal care decisions include anything that is not a financial or legal matter, and health care becomes just one specific type of personal care decision, with its own special requirements.
The term “personal care” is used very loosely in legal and health care fields without much regard to what it really means. In some frameworks, personal care decisions include anything that is not a financial or legal matter, and health care becomes just one specific type of personal care decision, with its own special requirements.


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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 . [[Chapter Six Legal Issues in Residential Care References|65]])At the same time under the same laws, failing to provide needed care or assistance may be neglect.[[Chapter Six Legal Issues in Residential Care References|66]])
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 . [[Chapter Six Legal Issues in Residential Care References|65]])At the same time under the same laws, failing to provide needed care or assistance may be neglect.[[Chapter Six Legal Issues in Residential Care References|66]])
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==Determining a Resident's Capacity to Make Personal Care Decisions==
==Determining a Resident's Capacity to Make Personal Care Decisions==