Difference between revisions of "Chapter Seven Legal Issues in Residential Care References"
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#There is an exception made where the individual working the facility is a child, parent or spouse of the adult. | #There is an exception made where the individual working the facility is a child, parent or spouse of the adult. | ||
#POAA, s. 32 (1) (a) and (b); also, s. 32 (2). | #POAA, s. 32 (1) (a) and (b); also, s. 32 (2). | ||
#Arguably, there are situations where access to health information might seem to be necessary, e.g. to determine payment of certain medical bills. Whether the attorney could request is debatable, though. | |||
#K. Whalley, Power of Attorney Pitfalls. Online: http://whaleyestatelitigation.com/resources/WEL_PowerofAttorneyPitfalls.pdf [“Whalley”] (Last accessed: May 1, 2014). | |||
#Whalley, ibid. | |||
#Whalley, ibid. | |||
#Gordon, R. M. (1992). Material abuse and powers of attorney in Canada: a preliminary examination. Journal of Elder Abuse and Neglect, 4 (1-2). 173-193. [“Gordon”] | |||
#POAA, s. 19 | |||
#Government of BC. (November 2009), p. 3. Online: “Home and Community Care Information Guide for the New Residential Care Rate Structure,” Also see: http://cupe.ca/updir/Residential_LTC_charges_and_income_allowances_across_Canada-2.pdf (Last accessed: May 1, 2014). | |||
#Health and Community Care Policy Manual. 6. F- Residential Care, “ Benefits and Allowable Charges” (October 15, 2012) | |||
#Mclellan Herbert. Estate litigation 2011: contested committeeship applications. Online: http://www.mclellanherbert.com/Estate-Litigation-2011-Contested-Committeeship-Applications.pdf (Last accessed: May 1, 2014). | |||
#Gordon. | |||
#An exception is made if that person is their child, parent or spouse. | |||
#RAA, s. 8 (1). | |||
#It does exclude the types of major health care identified in the regulation, such as ECT, psychosurgery; experimental health care; medical research; negative stimulus (aversive) therapy; tissue removal for implantation. | |||
#RAA, s. 7 (1) | |||
#RAA, s. 8 (2) | |||
#RRA, s. 12 (1) | |||
#RRA, s. 16 (9) | |||
#RRA, s. 13 | |||
#RRA, s. 16 | |||
#Canadian Centre for Elder Law. ( March 2014) understanding the lived experiences of supported decision-making in Canada: A Study Paper. Prepared for Law Commission of Ontario. Online: http://www.lco-cdo.org/capacity-guardianship-commissioned-paper-ccel.pdf (Last accessed: May 1, 2014). | |||
#As a result, these matters would likely either be unresolved or go to court. | |||
#PPA, s. 3 (1) sets out the court application process. Under the Patients Property Act, there are two processes for appointing a committee. The Supreme Court can appoint a public agency or private individual committee of estate and/or person by court order. Health authorities can appoint a committee of estate and that committee of estate must be a public agency, namely the Public Guardian and Trustee. Pg. 28. Office of the British Columbia Ombudsperson. (February 2013). No longer your decision: British Columbia’s process for appointing the Public Guardian and Trustee to manage the financial affairs of incapable adults. Public Report No. 49. Online: https://www.ombudsman.bc.ca/images/resources/reports/Special_Reports/no_longer_your_decision.pdf (Last accessed: May 1, 2014). [ “Ombuds, No longer your decision”] | |||
#Ombuds, No longer your decision. | |||
#Bill 32 -- 2006 Adult Guardianship and Personal Planning Statutes Amendment Act, 2006. | |||
#POAA, s. 30 (3). | |||
#HCCCFA, s.19.5. | |||
#HCCCFA, 19.1 (2). | |||
#HCCFA, s. 19.1. | |||
#HCCCFA, s. 19.8. | |||
#HCCCFA, s. 19. 1 (2). | |||
#See for example, Canadian Bar Association. (June 2010). Advance Care Planning. National Elder Law, Health Law, and Wills, Estates and Trust Law Sections, CBA. Online: http://www.cba.org/cba/submissions/pdf/10-46-eng.pdf at pg. 4 [“CBA, Elder Law”] (Last accessed: May 1, 2014). | |||
#Applegate, K., Crissman, C. , Morgan, B. & Reid, B. “Advance Directives.” University of Kentucky, Department of Philosophy. Also see Sabatino, C. (October 2007). Advance Directives and Advance Care Planning: Legal and Policy Issues. American Bar Association, Commission on Law and Aging. U.S. Department of Health and Human Services Assistant Secretary for Planning and Evaluation Office of Disability, Aging and Long-Term Care Policy. Online: http://aspe.hhs.gov/daltcp/reports/2007/adacplpi.pdf Last accessed: April 22, 2014. | |||
Sabatino notes that conventional advance directives appear to have had relatively little impact because too few people make use of the legal tools; and when they do, they do not understand the forms they complete nor the future decisions that might have to be made. The forms themselves do not provide much guidance; the persons’ goals and preferences for care may change; and even if providers know one exists, it often does not affect care. | |||
#CBA, Elder Law. | |||
#Patients Property Act [RSBC 1996] c. 349 [ “PPA”]. | |||