Difference between revisions of "Types of Substitute Decision-Making in Residential Care"

#PPA,  s. 3 (1)  sets  out the court  application process.  Under the Patients Property Act, there are two processes for appointing a committee. The Supreme Court can appoint a public agency or private individual committee of estate and/or person by court order. Health authorities can appoint a committee of estate and that committee of estate must be a public agency, namely the Public Guardian and Trustee. Pg. 28. Office of the British Columbia Ombudsperson. (February 2013). No longer your decision: British Columbia’s process for appointing the Public Guardian and Trustee to manage the financial affairs of incapable adults. Public Report No. 49. Online: https://www.bcombudsperson.ca/sites/default/files/Public%20Report%20No%20-%2049%20No%20Longer%20Your%20Decision-%20BC%27s%20Process%20for%20appointing%20the%20Public%20Guardian%20and%20Trustee-%20Incapable%20Adults.pdf  (Last accessed January 9, 2016). [“Ombuds, No longer your decision”]  

#Ombuds, No longer your decision.

#See for example, Canadian Bar Association. (June 2010). Advance Care Planning.  National Elder Law, Health Law, and Wills, Estates and Trust Law Sections, CBA. Online: http://www.cba.org/cba/submissions/pdf/10-46-eng.pdf at pg. 4 [“CBA, Elder Law”] (Last accessed: May 1, 2014).

#Applegate, K., Crissman, C. , Morgan, B.  & Reid, B. “Advance Directives.” University of Kentucky, Department of Philosophy.  Also see Sabatino, C. (October 2007). Advance Directives and Advance Care Planning: Legal and Policy Issues. American Bar Association, Commission on Law and Aging.  U.S. Department of Health and Human Services Assistant Secretary for Planning and Evaluation Office of Disability, Aging and Long-Term Care Policy. Online: http://aspe.hhs.gov/daltcp/reports/2007/adacplpi.pdf Last accessed: April 22, 2014. Sabatino notes  that conventional advance directives appear to have had relatively little impact because too few people make use of the legal tools; and when they do, they do not understand the forms they complete nor the future decisions that might have to be made. The forms themselves do not provide much guidance;  the persons’ goals and preferences for care may change; and even if providers know one exists, it often does not affect care.