Difference between revisions of "Introduction to Consent and Capacity in Residential Care"
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#Health Care (Consent) and Care Facility (Admission) Act [RSBC 1996] c. 181, s. 3. [“HCCCFA”]. | #Health Care (Consent) and Care Facility (Admission) Act [RSBC 1996] c. 181, s. 3. [“HCCCFA”]. | ||
#Power of Attorney Act [RSBC 1996] c. 370. | #Power of Attorney Act [RSBC 1996] c. 370. | ||
#BC Law Institute (2013). Report on Common Law Tests of Capacity, BCLI Report. No. 73. p. 13-16. Online: http://www.bcli.org/wordpress/wp-content/uploads/2013/09/2013-09-24_BCLI_Report_on_Common-Law_Tests_of_Capacity_FINAL.pdf (Last accessed: | #BC Law Institute (2013). Report on Common Law Tests of Capacity, BCLI Report. No. 73. p. 13-16. Online: http://www.bcli.org/wordpress/wp-content/uploads/2013/09/2013-09-24_BCLI_Report_on_Common-Law_Tests_of_Capacity_FINAL.pdf (Last accessed: January 9, 2016) [“BCLI Capacity”] | ||
#HCCCFA, s.3 (2). Also AGA, s. 3 (2) specifically notes “An adult's way of communicating with others is not grounds for deciding that he or she is incapable of making decisions about [the adult's personal care, health care and financial affairs]. | #HCCCFA, s.3 (2). Also AGA, s. 3 (2) specifically notes “An adult's way of communicating with others is not grounds for deciding that he or she is incapable of making decisions about [the adult's personal care, health care and financial affairs]. | ||
#HCCCFAA, s.8. | #HCCCFAA, s.8. | ||
#HCCCFAA, s.8 (a) and (b). | #HCCCFAA, s.8 (a) and (b). | ||
#O’Connor, D. (2009). Assessing incapacity: review of tools. Public Guardian and Trustee, page 10. Online : http://www.trustee.bc.ca/pdfs/STA/Incapability_Assessments_Review_Assessment_Screening_Tools.pdf Last accessed: | #O’Connor, D. (2009). Assessing incapacity: review of tools. Public Guardian and Trustee, page 10. Online: http://www.trustee.bc.ca/pdfs/STA/Incapability_Assessments_Review_Assessment_Screening_Tools.pdf (Last accessed: January 9, 2016)[“O’Connor”]. O’Connor notes that unlike some jurisdictions, the notion of ‘appreciation’ is not actually used in BC’s health care consent law. However, the ideas underpinning it are arguably captured in the standard that the person recognizes that the information applies to him or her. | ||
#O’Connor, p. 10 | #O’Connor, p. 10 | ||
#O Connor, p. 10. | #O Connor, p. 10. | ||