Difference between revisions of "Common Legal Matters in Contracts in Residential Care Admission and Transfer"

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.  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 substitute decisionmakers choose to sign they are not personally liable for payments- again, as long as they make it clear that they are only signing as a substitute. For example, they are liable if they have identified that they are signing as a representative for finances under a representation agreement, as an attorney under an enduring Power of Attorney or as a court-appointed committee. In these circumstances, the SDM will be liable to make payments from the resident’s own funds where the resident cannot look after his or her finances. However, the SDM is not obligated to pay from the SDM’s own funds.