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Difference between revisions of "Ending Long-Term Care Residency"
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There may be circumstances in which a long-term care facility evicts a resident. The law is silent regarding evictions from long-term care, other than the rule against evictions or discharge as retaliation for complaints. The ''Residential Tenancy Act'' does not apply to care facilities. However, long-term care facilities may have policies regarding eviction, and if so, these should be explained to the resident upon admission. In addition, the ''Home and Community Care Policy Manual'' specifies some reasons for no longer qualifying for a care facility. ([[{{PAGENAME}}#References|6]]) | There may be circumstances in which a long-term care facility evicts a resident. The law is silent regarding evictions from long-term care, other than the rule against evictions or discharge as retaliation for complaints. The ''Residential Tenancy Act'' does not apply to care facilities. However, long-term care facilities may have policies regarding eviction, and if so, these should be explained to the resident upon admission. In addition, the ''Home and Community Care Policy Manual'' specifies some reasons for no longer qualifying for a care facility. ([[{{PAGENAME}}#References|6]]) | ||
The most common reason for eviction is the failure to pay fees. Ideally this should not occur for those receiving subsidized care as their fees are based on income, but it may occur due to the resident being incapable of issuing payments or where another person managing their finances has failed to make payments. This issue may arise, for example, when a resident and their substitute decision-maker share a joint account and the substitute decision-maker uses the funds for something else. In these circumstances the facility or a concerned person should find out whether the resident has appointed someone to manage their finances. If no such person is identified, or if the appointed person is mismanaging finances, then the Public Guardian and Trustee should be notified that the resident is having difficulties handling their financial affairs. For more information on how to contact the PGT and what they will do, see Chapter 7 | The most common reason for eviction is the failure to pay fees. Ideally this should not occur for those receiving subsidized care as their fees are based on income, but it may occur due to the resident being incapable of issuing payments or where another person managing their finances has failed to make payments. This issue may arise, for example, when a resident and their substitute decision-maker share a joint account and the substitute decision-maker uses the funds for something else. In these circumstances the facility or a concerned person should find out whether the resident has appointed someone to manage their finances. If no such person is identified, or if the appointed person is mismanaging finances, then the Public Guardian and Trustee should be notified that the resident is having difficulties handling their financial affairs. For more information on how to contact the PGT and what they will do, see the section on [[Public Guardian and Trustee Intervention in Home Care and Senior Housing|Public Guardian and Trustee Intervention]] in Chapter 7 of this guide, and the [https://www.trustee.bc.ca/services/services-to-adults/Pages/assessment-and-investigation-services.aspx PGT’s website.] | ||
If the Public Guardian and Trustee becomes involved, they may appoint someone to manage the person’s finances. Note: In BC there is a non-profit organization called the Bloom Group which will manage the finances of low-income individuals for a nominal fee. | If the Public Guardian and Trustee becomes involved, they may appoint someone to manage the person’s finances. Note: In BC there is a non-profit organization called the Bloom Group which will manage the finances of low-income individuals for a nominal fee. | ||
