5,245
edits
Difference between revisions of "Common Legal Matters in Contracts in Residential Care Admission and Transfer"
From Clicklaw Wikibooks
Common Legal Matters in Contracts in Residential Care Admission and Transfer (view source)
Revision as of 22:19, 4 July 2014
, 22:19, 4 July 2014no edit summary
| Line 11: | Line 11: | ||
==Signing as a Substitute Decision-Maker (SDM)== | ==Signing as a Substitute Decision-Maker (SDM)== | ||
If the resident is not mentally capable of signing an admission agreement, then a substitute decision-maker may sign on behalf of the resident. The Ministry of Health policy requires the agreement to be in writing.([[Chapter Three Legal Issues in Residential Care References|36]]) However the law does not require a substitute to sign the written agreement in these circumstances. In some instances, the substitute decision-maker may not want to if there are specific clauses in the agreement that cause concern. | If the resident is not mentally capable of signing an admission agreement, then a substitute decision-maker may sign on behalf of the resident. The Ministry of Health policy requires the agreement to be in writing.([[Chapter Three Legal Issues in Residential Care References|36]]) However the law does not require a substitute to sign the written agreement in these circumstances. In some instances, the substitute decision-maker may not want to if there are specific clauses in the agreement that cause concern. | ||
| Line 19: | Line 19: | ||
:''“A facility has no legal basis whatever for refusing admission to an applicant who does not provide a guarantor or co-signer to sign an admission contract. While it may be useful to a facility to obtain the signature of a guarantor, it is of no particular use to the applicant and the applicant cannot in any way be penalized for failure to provide one.”''([[Chapter Three Legal Issues in Residential Care References|37]]) | :''“A facility has no legal basis whatever for refusing admission to an applicant who does not provide a guarantor or co-signer to sign an admission contract. While it may be useful to a facility to obtain the signature of a guarantor, it is of no particular use to the applicant and the applicant cannot in any way be penalized for failure to provide one.”''([[Chapter Three Legal Issues in Residential Care References|37]]) | ||
[[File:Signature.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]] | |||
==Other Areas== | ==Other Areas== | ||
