Difference between revisions of "Introduction to Legal Issues in Admission and Transfer in Residential Care"

The cost of subsidized residential care is typically borne by and paid by the individual resident. It is based on income not assets. To apply for subsidized residential care, residents first must consent to disclosure of the income tax information they provided to Revenue Canada. This consent to disclose is required annually. If there is a spouse, the spouse must consent as well. If either person does not consent or cannot consent, the resident will be assessed at the highest residential rate. ([[{{PAGENAME}}#References|17]])

This default position can cause considerable hardship for the individual and a spouse, partner, or family. According to the Home and Community Care policy, a spouse or other person can only give consent to provide the income tax and other financial information for the purposes of determining financial eligibility if they can show they have legal authority to do so (that is through a power of attorney, section 7 Representation Agreement, or as a Committee of the Estate).([[{{PAGENAME}}#References|18]]) Documentation of that legal authority is required. After calculations, the health authority informs the Operator of the appropriate client rate and is not permitted to share any income information. ([[{{PAGENAME}}#References|19]])