Anonymous

Difference between revisions of "Six Pressing Issues when Living in Residential Care"

From Clicklaw Wikibooks
Line 99: Line 99:
===Mechanisms to restrict some visitors===
===Mechanisms to restrict some visitors===


The Adult Guardianship Act allows health authorities to apply for an interim court order restricting a visitor’s access for up to 90 days. ([[{{PAGENAME}}#References|16]])However this  can only occur  when the health authority  has  reason to believe that the adult is being abused or neglected by that person,  the situation  has been investigated by the designated agency (health authority) , and  the designated agency has successfully applied to court to put the restriction in place. ([[{{PAGENAME}}#References|17]])
The Adult Guardianship Act allows health authorities to apply for an interim court order restricting a visitor’s access for up to 90 days. ([[{{PAGENAME}}#References|16]]) However this  can only occur  when the health authority  has  reason to believe that the adult is being abused or neglected by that person,  the situation  has been investigated by the designated agency (health authority) , and  the designated agency has successfully applied to court to put the restriction in place. ([[{{PAGENAME}}#References|17]])


The residential care regulations authorize the facility operator to control access to visitors in other specific narrow circumstances.  For example, care facility staff can control access to residents for some infectious diseases.  Also the operator must restrict or prohibit a person from accessing the resident “as necessary” in order to comply with a court order, e.g. a peace order/ restraining order, or an injunction. ([[{{PAGENAME}}#References|18]]) Having said that, an operator or the health authority may not use an injunction that a court issued to bar one visitor in one specific situation as implicit or explicit authority to bar other people in other circumstances.
The residential care regulations authorize the facility operator to control access to visitors in other specific narrow circumstances.  For example, care facility staff can control access to residents for some infectious diseases.  Also the operator must restrict or prohibit a person from accessing the resident “as necessary” in order to comply with a court order, e.g. a peace order/ restraining order, or an injunction. ([[{{PAGENAME}}#References|18]]) Having said that, an operator or the health authority may not use an injunction that a court issued to bar one visitor in one specific situation as implicit or explicit authority to bar other people in other circumstances.