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Difference between revisions of "Introduction to Navigating Home Care and Senior Housing"

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(Created page with " == What is this guide about? == This guide explains the types of personal care and health care that are available to older adults in British Columbia (BC). Many of these services are subsidized by community services or the BC Ministry of Health to make them affordable for most British Columbians. Some services are also available privately to people who can afford them. This guide outlines some key laws that govern home and residential care services, including what peo...")
 
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Older adults may choose to live in housing which is only for those 55 years of age and older only. Older adults may also choose to move into a multi-unit building called independent living. People living there must be able to live independently and be capable of making decisions. Independent living includes a private apartment to live in, and hospitality services like meals and social activities.
Older adults may choose to live in housing which is only for those 55 years of age and older only. Older adults may also choose to move into a multi-unit building called independent living. People living there must be able to live independently and be capable of making decisions. Independent living includes a private apartment to live in, and hospitality services like meals and social activities.


This guide will not address independent living or 55+ housing. These types of rental accommodations are governed by the ''Residential Tenancy Act,''<ref>''Residential Tenancy Act,'' SBC 2002, c 78.
This guide will not address independent living or 55+ housing. These types of rental accommodations are governed by the ''Residential Tenancy Act,''([[{{PAGENAME}}#References|1]]) and disputes involving tenancy matters is dealt with by the [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution Residential Tenancy Branch’s dispute resolution] process.([[{{PAGENAME}}#References|2]])
</ref> and disputes involving tenancy matters is dealt with by the [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution Residential Tenancy Branch’s dispute resolution] process.<ref>British Columbia, “Dispute Resolution'''”''' (last modified 16 March 2022), online: &lt;[https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution%3e. www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution&gt;.]
</ref>


=== Assisted Living ===
=== Assisted Living ===
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For those who are interested in reading the specific sections of legislation, this information will be placed in the footnotes. It is not necessary to read the legislation if you are an older adult or supporter reading this guide to learn more about your housing and care options. This information is provided for advocates who may want this detailed information.
For those who are interested in reading the specific sections of legislation, this information will be placed in the footnotes. It is not necessary to read the legislation if you are an older adult or supporter reading this guide to learn more about your housing and care options. This information is provided for advocates who may want this detailed information.


Assisted Living and Long-term Care are addressed in the ''Community Care and Assisted Living Act.''<ref>''Community Care and Assisted Living Act,'' SBC 2002, c 75, online: &lt;canlii.ca/t/84lk&gt;.
Assisted Living and Long-term Care are addressed in the ''Community Care and Assisted Living Act,''([[{{PAGENAME}}#References|3]]). Under this Act are two relevant regulations – the ''Assisted Living Regulation''([[{{PAGENAME}}#References|4]]) governing assisted living, and the ''Residential Care Regulation''([[{{PAGENAME}}#References|5]]) governing long-term care. These laws set out facility requirements, licensing rules, operation of the residence, entering and leaving the residence, rules regarding living there, and rights and responsibilities.
</ref> Under this Act are two relevant regulations – the ''Assisted Living Regulation''<ref>''Assisted Living Regulation,'' BC Reg 189/2019, online: &lt;canlii.ca/t/9lrn&gt;.
</ref> governing assisted living, and the ''Residential Care Regulation''<ref>''Residential Care Regulation,'' BC Reg 96/2009, online: &lt;canlii.ca/t/89ln&gt;.
</ref> governing long-term care. These laws set out facility requirements, licensing rules, operation of the residence, entering and leaving the residence, rules regarding living there, and rights and responsibilities.


Consent to health care and admission to care facilities are found in the ''Health Care (Consent) and Care Facility (Admission) Act''.<ref>''Health Care (Consent) and Care Facility (Admission) Act'', RSBC 1996, c 181, online: &lt;canlii.ca/t/842m&gt;.
Consent to health care and admission to care facilities are found in the ''Health Care (Consent) and Care Facility (Admission) Act''([[{{PAGENAME}}#References|6]]). For health care consent, this legislation outlines how health care professionals must obtain consent to health care, a person’s rights in consenting or not consenting, temporary substitute decision-makers for health care, and advanced directives. For admission to long-term care, the legislation outlines how the facility must get consent, who can provide substitute consent, and emergency admissions.
</ref> For health care consent, this legislation outlines how health care professionals must obtain consent to health care, a person’s rights in consenting or not consenting, temporary substitute decision-makers for health care, and advanced directives. For admission to long-term care, the legislation outlines how the facility must get consent, who can provide substitute consent, and emergency admissions.


Response to abuse and neglect is found in the ''Adult Guardianship Act.''<ref>''Adult Guardianship Act,'' RSBC 1996, c 6, online: &lt;canlii.ca/t/84gj&gt;.
Response to abuse and neglect is found in the ''Adult Guardianship Act''([[{{PAGENAME}}#References|7]]). This legislation outlines how a person can report suspected abuse to a designated agency, how the designated agency must respond, and what assistance can be provided to an adult. This legislation also outlines the Public Guardian and Trustee’s abilities to act as a substitute decision-maker for financial decisions, called a statutory property guardian.
</ref> This legislation outlines how a person can report suspected abuse to a designated agency, how the designated agency must respond, and what assistance can be provided to an adult. This legislation also outlines the Public Guardian and Trustee’s abilities to act as a substitute decision-maker for financial decisions, called a statutory property guardian.


Regulation of most health care professionals is under the ''Health Professions Act,''<ref>''Health Professions Act,'' RSBC 1996, c 183, online: &lt;canlii.ca/t/842p&gt;.
Regulation of most health care professionals is under the ''Health Professions Act''([[{{PAGENAME}}#References|8]]), at the time of publication. This legislation governs which health professions are regulated, how the regulatory bodies are set up, and what the investigation and discipline procedures are. In the future, the new ''Health Professions and Occupations Act''([[{{PAGENAME}}#References|9]]) will come into force and take over as the legislation governing health care professionals. The new legislation will govern the same areas. It will create an oversight body which will oversee regulatory colleges, and merge many of the regulatory colleges together.
</ref> at the time of publication. This legislation governs which health professions are regulated, how the regulatory bodies are set up, and what the investigation and discipline procedures are. In the future, the new ''Health Professions and Occupations Act''<ref>The new ''Health Professions and Occupations Act'' is not yet in force (SBC 2022, c 43, online: &lt;canlii.ca/t/bmzj&gt;).
</ref> will come into force and take over as the legislation governing health care professionals. The new legislation will govern the same areas. It will create an oversight body which will oversee regulatory colleges, and merge many of the regulatory colleges together.


Substitute and supported decision-making is governed through the ''Representation Agreement Act''<ref>''Representation Agreement Act,'' RSBC 1996, c 405, online: &lt;canlii.ca/t/84bw&gt;.
Substitute and supported decision-making is governed through the ''Representation Agreement Act''([[{{PAGENAME}}#References|10]]) and the ''Power of Attorney Act''([[{{PAGENAME}}#References|11]]). Representation agreements cover health care and personal care decisions. Power of Attorney documents cover financial and legal decisions. These laws set out how the documents must be created to be valid, what the powers and responsibilities of substitute decision-makers are, and how to revoke the documents. The ''Patients Property Act''([[{{PAGENAME}}#References|12]]) governs committees of the person and property.
</ref> and the ''Power of Attorney Act.''<ref>''Power of Attorney Act,'' RSBC 1996, c 370, online: &lt;canlii.ca/t/849l&gt;.
</ref> Representation agreements cover health care and personal care decisions. Power of Attorney documents cover financial and legal decisions. These laws set out how the documents must be created to be valid, what the powers and responsibilities of substitute decision-makers are, and how to revoke the documents. The ''Patients Property Act''<ref>''Patients Property Act,'' RSBC 1996, c 349, online: &lt;canlii.ca/t/848s&gt;.
</ref> governs committees of the person and property.


Mental health laws are found in the ''Mental Health Act''.<ref>''Mental Health Act,'' RSBC 1996, c 288, online: &lt;canlii.ca/t/846j&gt;.
Mental health laws are found in the ''Mental Health Act''([[{{PAGENAME}}#References|13]]). This guide will not be addressing mental health laws, including involuntary detention under the Act. Resources on this topic can be found on [https://www.healthjustice.ca/ Health Justice’s] website.([[{{PAGENAME}}#References|14]])
</ref> This guide will not be addressing mental health laws, including involuntary detention under the Act. Resources on this topic can be found on [https://www.healthjustice.ca/ Health Justice’s] website.<ref>Health Justice, “Home“, online: &lt;healthjustice.ca&gt;.
</ref>


== Content and Layout ==
Chapter 1 will discuss supports within the community to help older adults live independently in their own homes. These supports include home care and supports for caregivers.
Chapter 2 will discuss assisted living, including what services are available, how to apply to assisted living, fees, and the rules for entering and leaving assisted living.
Chapters 3 and 4 will discuss long-term care. Chapter 3 will discuss entering and leaving, while Chapter 4 will focus on living in long-term care.
Chapter 5 discusses a resident’s rights when living in assisted living or long-term care.
Chapter 6 provides information on resolving problems and advocating for an older adult’s rights and needs, resources to seek help, place complaints, and report issues.
Chapter 7 discusses abuse and neglect. This includes how to respond to abuse or neglect in a care facility, by a health care professional, or in the community.


==References==
==References==