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

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===The law and visiting===
===The law and visiting===


The care facility is the resident’s home.  Arguably, the resident and the Operator may both be considered “occupiers” with rights to control access to the place under the Trespass Act. ([[{{PAGENAME}}#References|8]]) The resident has a right to control access to his or her room (much like a tenant)  and the operator or staff has a broad right to control access to premises.
The care facility is the resident’s home.  Arguably, the resident and the Operator may both be considered “occupiers” with rights to control access to the place under the Trespass Act. ([[{{PAGENAME}}#References|10]]) The resident has a right to control access to his or her room (much like a tenant)  and the operator or staff has a broad right to control access to premises.
   
   
The resident’s right to visitors is also very clearly identified within the Residential Care Regulations  and Section 2(e) of the Bill of Rights (“Rights to health, safety and dignity) which states “An adult person in care has the right to the protection and promotion of his or her health, safety and dignity, including a right to … to receive visitors and to communicate with visitors in private.”  
The resident’s right to visitors is also very clearly identified within the Residential Care Regulations  and Section 2(e) of the Bill of Rights (“Rights to health, safety and dignity) which states “An adult person in care has the right to the protection and promotion of his or her health, safety and dignity, including a right to … to receive visitors and to communicate with visitors in private.”  
Sections  57 (1) and (2) of the RCR also underscore the importance of access to the resident, stressing that the Operator
Sections  57 (1) and (2) of the RCR also underscore the importance of access to the resident, stressing that the Operator


* “must ensure that a parent or representative has reasonable access to a person in care for whom he or she is responsible.” ([[{{PAGENAME}}#References|9]])
* “must ensure that a parent or representative has reasonable access to a person in care for whom he or she is responsible.” ([[{{PAGENAME}}#References|10]])
* “must, to the greatest extent possible while maintaining the health, safety and dignity of all persons in care, ensure that a person in care receives visitors of the person in care's choice at any time." ([[{{PAGENAME}}#References|10]])
* “must, to the greatest extent possible while maintaining the health, safety and dignity of all persons in care, ensure that a person in care receives visitors of the person in care's choice at any time." ([[{{PAGENAME}}#References|11]])
    
    
The resident’s representative is also expressly recognized under the Act to be given reasonable access to the resident. This right to receive visitors of their preference is well recognized as fundamental to the wellbeing of residents. The risk of social isolation, poorer health outcomes as well as undetected mistreatment greatly increases among residents who have few or no social contacts with people they like having around them.
The resident’s representative is also expressly recognized under the Act to be given reasonable access to the resident. This right to receive visitors of their preference is well recognized as fundamental to the wellbeing of residents. The risk of social isolation, poorer health outcomes as well as undetected mistreatment greatly increases among residents who have few or no social contacts with people they like having around them.


The capability to demonstrate choice in preference for visitors is usually an easy threshold for many residents to make, whether that is deciding to have the person visit that day, or not at all.  
The capability to demonstrate choice in preference for visitors is usually an easy threshold for many residents to make, whether that is deciding to have the person visit that day, or not at all.
 
===What does the right to visitors involve?===
===What does the right to visitors involve?===