Legal Issues in Residential Care: An Advocate's Manual: Difference between revisions

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**[[B. Admission to the Residential Care Facility#Agreeing to the Admission|Agreeing to the Admission]]{{·}}[[B. Admission to the Residential Care Facility#Demonstrating Consent|Demonstrating Consent]]{{·}}[[B. Admission to the Residential Care Facility#Assessing Capability to Consent|Assessing Capability to Consent?]]{{·}}[[B. Admission to the Residential Care Facility#What Kind of Decision is Admission to a Residential Care Facility and Who Makes It|What Kind of Decision is Admission to a Residential Care Facility and Who Makes It?]]
**[[B. Admission to the Residential Care Facility#Agreeing to the Admission|Agreeing to the Admission]]{{·}}[[B. Admission to the Residential Care Facility#Demonstrating Consent|Demonstrating Consent]]{{·}}[[B. Admission to the Residential Care Facility#Assessing Capability to Consent|Assessing Capability to Consent?]]{{·}}[[B. Admission to the Residential Care Facility#What Kind of Decision is Admission to a Residential Care Facility and Who Makes It|What Kind of Decision is Admission to a Residential Care Facility and Who Makes It?]]


*'''[[C. Terms in Admission Agreements and Contracts in Residential Care|Terms in Admission Agreements and Contracts]]
*'''[[C. Terms in Admission Agreements and Contracts in Residential Care|C. Terms in Admission Agreements and Contracts]]


*'''[[D. Common Legal Matters in Contracts in Residential Care Admission and Transfer|D. Common Legal Matters in Contracts]]
*'''[[D. Common Legal Matters in Contracts in Residential Care Admission and Transfer|D. Common Legal Matters in Contracts]]
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**[[G. First Appropriate Bed Policy#1. What is "Appropriate" in First Appropriate Bed Policy|What is “Appropriate”?]]{{·}}[[G. First Appropriate Bed Policy#2. The Effect of Declining an Offered Placement|The Effect of Declining an Offered Placement]]
**[[G. First Appropriate Bed Policy#1. What is "Appropriate" in First Appropriate Bed Policy|What is “Appropriate”?]]{{·}}[[G. First Appropriate Bed Policy#2. The Effect of Declining an Offered Placement|The Effect of Declining an Offered Placement]]


*'''[[H. Advance Care Planning for Residential Care|Advance Care Planning]]
*'''[[H. Advance Care Planning for Residential Care|H. Advance Care Planning]]


*'''[[I. Care Plans and Legal Issues in Admission and Transfer|I. Care Plans]]
*'''[[I. Care Plans and Legal Issues in Admission and Transfer|I. Care Plans]]
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*'''[[B. Types of Substitute Decision-Making and Residential Care|B. Types of Substitute Decision-Making]]
*'''[[B. Types of Substitute Decision-Making and Residential Care|B. Types of Substitute Decision-Making]]
**[[B. Types of Substitute Decision-Making and Residential Care#Statutory Substitutes - Temporary Substitute Decision Makers for Health|Statutory Substitutes - Temporary Substitute Decision Makers for Health]]{{·}}[[B. Types of Substitute Decision-Making and Residential Care#Other Tools by Which People Are Given Authority as Substitutes|Other Tools by Which People Are Given Authority as Substitutes]]{{·}}[[B. Types of Substitute Decision-Making and Residential Care#Court Appointed Substitutes - Adult Guardianship/ Committeeship|Court Appointed Substitutes - Adult Guardianship/ Committeeship]]{{·}}[[B. Types of Substitute Decision-Making and Residential Care#Substitute Decision-Making through Instructions - Advance Care Directives|Substitute Decisionmaking through Instructions - Advance Care Directives]]
**[[B. Types of Substitute Decision-Making and Residential Care#Statutory Substitutes - Temporary Substitute Decision Makers for Health|Statutory Substitutes - Temporary Substitute Decision Makers for Health]]{{·}}[[B. Types of Substitute Decision-Making and Residential Care#Other Tools by Which People Are Given Authority as Substitutes|Other Tools by Which People Are Given Authority as Substitutes]]{{·}}[[B. Types of Substitute Decision-Making and Residential Care#Court Appointed Substitutes - Adult Guardianship/ Committeeship|Court Appointed Substitutes - Adult Guardianship/ Committeeship]]{{·}}[[B. Types of Substitute Decision-Making and Residential Care#Substitute Decision-Making through Instructions - Advance Care Directives|Substitute Decision-Making through Instructions - Advance Care Directives]]


==About this Wikibook==
==About this Wikibook==

Revision as of 20:26, 24 June 2014

This page from JP Boyd on Family Law—and other pages from this Wikibook that discuss BC family law litigation topics—are under editorial review to provide more thorough, current, and practical guidance. Since 2020, procedures, forms, and laws have changed significantly. While gross inaccuracies have been corrected, some details may still be outdated. These pages were not included in the 2024 print edition, and have been highlighted in orange where they appear in the navigation menu on this website.
This is a Clicklaw Wikibook, a collaborative, plain language legal publication that is updated as a wiki and can be printed or downloaded.

Legal Issues in Residential Care: An Advocate's Manual is from the BC Centre for Elder Advocacy and Support.

Contents[edit]

Chapter One - Statutory Framework[edit]

Chapter Two - Residents' Bill of Rights[edit]

Chapter Three - Legal Issues in Admission and Transfer[edit]

Chapter Four - Legal Issues When Living in Residential Care[edit]

Chapter Five - Rights, Remedies and Problem Resolution[edit]

Chapter Six - Consent and Capacity[edit]

Chapter Seven - Substitute Decision-Making[edit]

About this Wikibook[edit]

About the BC Centre for Elder Advocacy and Support[edit]

The BC CEAS is a non-profit charitable organization located in British Columbia, Canada. We are committed to:

  • Protecting the legal rights of older adults;
  • Increasing access to justice for older adults;
  • Informing the public about elder abuse; and
  • Providing supportive programs for older adults who have been abused.

Find out more at bcceas.ca/

v • d • e
Introduction
Chapter One: Statutory Framework
Chapter Two: Residents' Bill of Rights
Chapter Three: Legal Issues in Admission and Transfer
Basic Issues in Eligibility for Residential Care · Moving to Residential Care · Costs · Agreeing to the Admission · Demonstrating Consent · Assessing Capability to Consent? · What Kind of Decision is Admission to a Residential Care Facility and Who Makes It? · Terms in Admission Agreements and Contracts · Payment Default and Guarantees · Signing as a Substitute Decision-Maker (SDM) · Other Areas · Contractual Protections · Screening · Assessing Capacity for Admission · Consent · Use of the Mental Health Act to Admit Older Adults to Residential Care · What is “Appropriate”? · The Effect of Declining an Offered Placement · Advance Care Planning · Care Plans · Admission of Veterans · Admission of Aboriginal Residents · Admission of Spouses with Different Care Needs · Admission of Sponsored Immigrants Needing Care
Chapter Four: Legal Issues When Living in Residential Care
Chapter Five: Rights, Remedies and Problem Resolution
Chapter Six: Consent and Capacity
Consent: An Area of Confusion · Mental Capacity to Consent · Presumption of Capability · Misuses of Presumptions · How is Capability Determined? · Understanding Tests of Incapability · The Conditions of Health Care Consent · Who Must Seek Consent for Health Care? · What is Meant by “Health Care”? · Consent Rights · The Consent Process · How Does a Person Give Consent? · Exceptions to Requiring Consent · Health Care at the Margins · Areas of Confusion Around Health Care Consent in Residential Care · Information Rights · Exploiting Consent Loopholes? · Consent and Care Plans · Rights Associated with Care Plan Consent · Advance Care Planning - Advance Care Plan and Advance Care Directives · Consent and Advance Care Directives · Common Areas of Misunderstanding for Advance Health Care Consent · What is Personal Care? · Determining a Resident’s Capacity to Make Personal Care Decisions · Intimacy and Sexual Relations · What Constitutes Consent in the Context of Intimacy and Sex?
Chapter Seven: Substitute Decision-Making
Resources, References and Information


In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."

A judge of the superior courts of British Columbia, being the Supreme Court and the Court of Appeal.

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