Introduction to Mental Health and Capacity (14:I): Difference between revisions

From Clicklaw Wikibooks

Revision as of 18:11, 20 June 2016

LSLAP Manual
This page is from the Law Students' Legal Advice Program Manual. See the full contents.
LSLAP Manual
Introduction
Chapters
1. Criminal Law · I. Introduction · II. Governing Legislation and Resources · III. Etiquette · IV. Criminal Charges · V. Substantive Law · VI. Resolving Prior to Trial · VII. Pleading Not Guilty/Trial · VIII. Other Issues · IX. Charter of Rights and Freedoms · X. LSLAP Policies · XI. Information for LSLAP Students · XII. Etiquette for Law Students · XIII. Practice Recommendations · Appendix A: Initial Sentencing Position · Appendix B: Sample Information · Appendix C: Diversion Application · Appendix D: Sentencing Hearing · Appendix E: Trial Books · Appendix F: Glossary
2. Youth Justice · I. Introduction · II. Governing Legislation and Resources · III. Youth Criminal Justice Act · IV. Youth Justice Act · Appendix A: Glossary
3. Family Law · I. Introduction · II. Governing Legislation and Resources · III. Marriage · IV. Divorce · V. Uncontested Divorce · VI. Simple Divorce Procedure · VII. Alternatives to Divorce · VIII. Family Violence · IX. Assets · X. Spousal and Child Support · XI. Parenting Orders/Guardianship/Contact · XII. Children and the Law · XIII. Adoption · XIV. Name Changes · XV. Court Procedures · Appendix A: Glossary
4. Victims · I. Introduction · II. Governing Legislation · III. Crime Victim Assistance Program · IV. Avenues to Address Crime · V. Victims of Sexual Assault · VI. Victims of Relationship Violence · VII. Abuse of the Seniors & Disabled · VIII. Victims of Human Trafficking · IX. Missing Persons and Abductions · X. TIP & Restorative Justice · XI. Resources for Indigenous Victims · XII. Referrals and Follow-up
5. Public Complaints · I. Introduction · II. Governing Legislation & Resources · III. Review of Administrative Decisions · IV. Privacy or Access to Information · V. Police Conduct Complaints · VI. Security Guard Conduct Complaints · VII. The Right to Vote · VIII. Complaints & Appeals UBC · IX. Complaints & Appeals SFU · X. Complaints against Other Universities · XI. Complaints against Doctors · XII. Complaints against Lawyers · XIII. Complaints against other Professionals · XIV. LSLAP Program Information · Appendix A: Glossary · Appendix B: Sample Notice Letter
6. Human Rights · I. Introduction · II. Governing Legislation and Resources · III. BC Human Rights Code · IV. Canadian Human Rights Act · V. BC Civil Rights Protection Act · VI. Rights of the Child · VII. LSLAP's Role · VIII. Indigenous Complainants · IX. Online Mediations & Hearings
7. Workers' Compensation · I. Introduction · II. Legislation, Policy & Guidelines · III. Introduction to Worker Compensation Claims · IV. LSLAP's Role at Initial Decision · V. Limitation Periods & Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits & Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health and Safety Regulations · XIV. Assessments of Employers · XV. WCB Fair Practices Office · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Small Claims Flow Chart · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
8. Employment Insurance · I. Introduction · II. Governing Legislation and Resources · III. Qualifying for EI · IV. Types of Benefits · V. Benefit Period · VI. Quantifying Benefits · VII. Benefit Entitlement · VIII. Penalties, Violations, and Offences · IX. Keeping Out of Trouble · X. Timing for Reporting · XI. Overpayment and Collections · XII. Reconsideration · XIII. Social Security Tribunal · XIV. Appeals · XV. Judicial Review · XVI. LSLAP's Use of This Chapter · Appendix A: Initial Application Checklist
9. Employment Law · I. Introduction · II. Governing Legislation and Resources · III. Checklist · IV. Preliminary Matters · V. Employment Issues · VI. Remedies · VII. Strategies and Tips · Appendix A: Glossary
10. Creditors and Debtors · I. Introduction · II. Governing Legislation and Resources · III. Creditors' Remedies · IV. Debtors' Options · V. Dealing with Debt · Appendix A: Relevant Forms · Appendix B: Examination Checklist
11. Consumer Protection · I. Introduction · II. Governing Legislation and Resources · III. Contracts for Sale of Goods · IV. Consumer Protection · V. Direct Sales · VI. Conditional Sales Contracts & Security Agreements · VII. Motor Dealer Act · VIII. Miscellaneous · IX. Forum of Redress · X. Checklist for Consumer Transactions
12. Auto Insurance (ICBC) I. Introduction · II. Governing Legislation & Resources · III. Enhanced Care System · IV. Optional Insurance · V. Seeking Legal Counsel · VI. Disputes with ICBC · VII. When You Can Still Sue · VIII. ICBC's Previous Autoplan Insurance System · IX. Limitation on Experts · X. Compulsory Coverage
13. Motor Vehicle Law · I. Introduction · II. Governing Legislation & Resources · III. At the Roadside · IV. Duties after a Collision · V. Violation Tickets · VI. Provincial Driving Offences · VII. Vehicle Impoundment · VIII. Superintendent of Motor Vehicle Prohibitions · IX. Alcohol & Drug Driving Offences · X. Federal Driving Offences · XI. Provincial Driving While Prohibited Offences · XII. ICBC Breaches · XIII. Bicycles & Motor Assisted Cycles · XIV. LSLAP Program Information · Appendix A: Penalty Points and Fines
14. Mental Health Law · I. Introduction · II. Governing Legislation & Resources · III. Theory and Approach · IV. Legal Rights · V. Patient Admission · VI. Consent to Medical Treatment · VII. Involuntarily Admitted Patients · VIII. Mental Health Act and Youth · IX. Criminal Code · X. Complaints · XI. References · XII. LSLAP Program Information
15. Adult Guardianship · I. Introduction · II. Governing Legislation · III. Mental Capacity · IV. Substitute Decision Making · V. Adult Guardianship · VI. Adult Abuse and Neglect · VII. Sources and Resources · Appendix A: EPOA · Appendix B: Decision Tree on Adult Abuse and Neglect
16. Wills and Estate Administration · I. Introduction · II. Governing Legislation & Resources · III. Making and Executing a Will · IV. Will Mistakes and Alterations · V. Court's Power · VI. Revocation · VII. Wills Variation Claims · VIII. Intestacy · IX. Property · X. Estate Administration · XI. Duties of Personal Representative · XII. Tax: RRSP & RRIF & TFSA · XIII. LSLAP Program Information · Appendix A: Will Instructions Questionnaire · Appendix B: Will Drafting and Execution Checklist · Appendix C: Glossary
17. Citizenship · I. Introduction · II. Governing Legislation & Resources · III. Who is a Canadian Citizen? · IV. Citizenship Advantages & Responsibilities · V. Citizenship Grants · VI. Applying for Citizenship Grant · VII. Loss and Renunciation of Citizenship · VIII. Proof of Citizenship · IX. Search of Citizenship Record · X. Referrals
18. Immigration Law · I. Introduction · II. Governing Legislation & Resources · III. Immigration Players · IV. Categories of Persons under IRPA · V. Applying for Permanent Residency · VI. Identification for PR · VII. Immigration and Refugee Board · VIII. Loss of PR Status · IX. In-Canada Temporary Residence Matters · X. Removal Orders · XI. Appeals · XII. Offences · XIII. Immigration Issues at Sentencing · XIV. Contacts
19. Landlord and Tenant Law · I. Introduction · II. Governing Legislation · III. Residential Tenancy Act & Laws · IV. Tenancy Agreements · V. Moving In & Moving Out · VI. Security Deposits · VII. Repair & Service · VIII. Rent Increase · IX. Tenant's Rights · X. Subletting & Assignment · XI. Termination & Eviction · XII. Dispute Resolution · XIII. Common Law · XIV. Strata & Condos · XV. Assisted Living · XVI. Manufactured Homes · XVII. Guidelines & Resources
20. Small Claims and the CRT · I. Introduction · II. Governing Legislation & Resources · III. Do You Have a Claim? · IV. Choosing the Proper Forum · V. Starting a Claim · VI. Responding to a Claim · VII. Default Order · VIII. How a Claim Proceeds · IX. Pre-Trial Applications · X. Mediation · XI. Settlement Conferences · XII. Trial & Pre-Trial Conferences · XIII. Trial Preparation · XIV. Trials · XV. Costs and Penalties · XVI. Appeals · XVII. Enforcement of a Judgement · XVIII. LSLAP Program Information · Appendix A: Registries · Appendix B: Demand Letter · Appendix C: Notice of Claim · Appendix D: Reply to Claim · Appendix E: Glossary · Appendix F: Limitation Periods · Appendix G: Causes of Action · Appendix H: Court Fees · Appendix I: Tribunal Fees · Appendix J: Settlement Conference · Appendix K: Payment Hearing · Appendix L: Appeal
21. Welfare Law · I. Introduction · II. Governing Legislation & Resources · III. Eligibility · IV. Special Situations · V. Eligibility Factors · VI. Hardship Assistance · VII. Overpayments & Fraud · VIII. Rates & Payment Issues · IX. Additional Allowances & Benefits · X. Health Supplements · XI. Appeals
22. Strata Law · I. Introduction · II. Governing Legislation · III. Strata Concept · IV. Strata Plan · V. Common Property & Assets · VI. Governance · VII. Management · VIII. Finances · IX. Collections · X. Bylaws & Rules · XI. Rentals & Accommodations · XII. Privacy · XIII. Insurance · XIV. Repair & Maintenance · XV. Dispute Resolution · XVI. Recourse to the Courts
23. Referrals · I. General · II. Family Law & Women · III. Residential Tenancy · IV. Human Rights · V. Wills & Estates · VI. Immigration & Refugee · VII. Disability · VIII. Employment · IX. Debt · X. Indigenous · XI. Police Complaints · XII. Chinese Language · XIII. Others
v • d • e

There are three distinct areas of concern in the intersection between the law, mental health, and capacity: clients who have developmental delays, clients who have diminished capacity, and clients who suffer or have suffered from psychiatric disorders. These issues are separated into three subcategories below to direct you to the pertinent chapter – some are covered in Chapter 14: Mental Health Law, while others are covered in Chapter 15: Guardianship. However, it is important to keep in mind that a client may experience several mental health challenges that overlap and blur the categories. For example, a client may have diminished cognitive capacity due to Alzheimer’s in addition to an underlying schizophrenia disorder they manage with medication.

A. Developmental Delays

This category refers to people who are developmentally delayed or “intellectually impaired” due to genetic factors, birth trauma, or injury early in life, and who may or may not be able to live independently within the community. Many of these people function at the level of a minor and therefore may not have legal capacity. Their family members should be encouraged to use the planning tools found in Chapter 15: Guardianship to make provisions for the care of their person. To plan for their financial well-being, their family members may wish to consult the Chapter 15 section “ Overview of Incapacity – Section D. Wills and Estates.” However, developmental delays are not covered in-depth in the LSLAP Manual. The Ministry of Children and Family Development website provides basic background information in this area and may be a starting point for further research.

B. Diminished Capacity

The second area of concern affects those people who, due to old age, disease, or trauma, become mentally incapable. It is important to note that the threshold for capacity may differ depending on the legal matter at stake – for example, there may be a different level of capacity needed for the decision to appoint a representative as opposed to the decision to draft a will. Family members and caregivers for this group would most likely be served by the information in Chapter 15: Guardianship.

C. Psychiatric Disorders

The third group are those people who may not have a developmental delay or diminished capacity but who suffer from psychiatric disorders. These can range from mild delusions, to mood disorders, to pervasive and severe psychosis. These people are the ones most likely to fall under the provisions of the Mental Health Act. The legal issues faced by this group are the main focus of Chapter 14: Mental Health Law. Therefore, in Chapter 14 it is important to note that the term “mental disorder” refers to psychiatric illness and not to those with developmental delays or diminished capacity.

Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=Introduction_to_Mental_Health_and_Capacity_(14:I)&oldid=29495"

Categories:

@@ Line 1: / Line 1: @@
 {{LSLAP Manual TOC|expanded = mentalhealth}}
-There  are  three  distinct  areas  of  concern  in  the  intersection  between  the  law,  mental  health,  and  capacity: clients  who  have  developmental  delays,  clients  who  have diminished  capacity,  and  clients  who  suffer  or  have suffered from psychiatric disorders. These issues are separated into  three subcategories below to direct you to the  pertinent  chapter –  some  are  covered  in  Chapter  14:  Mental  Health  Law,  while  others  are  covered  in Chapter 15: Guardianship. However, it is important to keep in mind that a client may experience several mental health  challenges  that  overlap  and  blur  the  categories.  For  example,  a  client  may  have  diminished  cognitive capacity due to Alzheimer’ s in addition to an underlying schizophrenia disorder they manage with medication. A.Developmental Delays This category refers to people who are developmentally delayed or “intellectually impaired” due to genetic factors, birth trauma, or injury early in life, and who may or may not be able to live independently within the community.  Many of these people function at the level of a minor and therefore may not have legal capacity. Their family members should be encouraged to use the planning tools found in Chapter 15: Guardianship to make provisions for the care of their person. To plan for their financial well-being, their family members may wish to consult the Chapter 15 section “Overview of Incapacity – Section D. Wills and Estates.” However, developmental delays are not covered in-depth in the LSLAP Manual. The Ministry of Children and Family Development website (http://www.mcf.gov.bc.ca/spec_needs/) provides basic background information in this area and may be a starting point for further research B.Diminished Capacity The  second  area  of  concern  affects  those  people  who,  due  to  old  age,  disease,  or  trauma,  become mentally incapable. It is important to note that the threshold for capacity may differ depending on the legal matter at stake – for example, there may be a different level of capacity needed for the decision to appoint a representative as opposed to the decision to draft a will. Family members and caregivers for this group would most likely be served by the information in Chapter 15: Guardianship. C.Psychiatric Disorders The third group are those people who may not have a developmental delay or diminished capacity but who  suffer from  psychiatric  disorders.   These can  range from  mild  delusions,  to  mood  disorders,  to pervasive and severe psychosis. These people are the ones most likely to fall under the provisions of the  Mental  Health  Act.  The  legal  issues  faced  by  this group  are  the  main  focus  of Chapter  14: Mental Health Law. Therefore, in Chapter 14 it is important to note that the term “mental disorder”refers to psychiatric illness and not to those with developmental delays or diminished capacity.
+There are three distinct areas of concern in the intersection between the law, mental health, and capacity: clients who have developmental  delays, clients who have diminished capacity, and clients who suffer or have suffered from psychiatric disorders. These issues are separated into  three subcategories below to direct you to the pertinent chapter – some are covered in [[{{PAGENAME}} | Chapter 14: Mental Health Law]], while others are covered in [[Adult Guardianship Legislation and Resources (15:I) | Chapter 15: Guardianship]]. However, it is important to keep in mind that a client may experience several mental health challenges that overlap and blur the categories. For example, a client may have diminished cognitive capacity due to Alzheimer’s in addition to an underlying schizophrenia disorder they manage with medication.
+== A. Developmental Delays ==
+This category refers to people who are developmentally delayed or “intellectually impaired” due to genetic factors, birth trauma, or injury early in life, and who may or may not be able to live independently within the community. Many of these people function at the level of a minor and therefore may not have legal capacity. Their family members should be encouraged to use the planning tools found in [[Adult Guardianship Legislation and Resources (15:I) | Chapter 15: Guardianship]] to make provisions for the care of their person. To plan for their financial well-being, their family members may wish to consult the Chapter 15 section “[[Overview of Adult Guardianship and Incapacity (15:III)#D. Drafting A Will | Overview of Incapacity – Section D. Wills and Estates]].” However, developmental delays are not covered in-depth in the LSLAP Manual. The [http://www.mcf.gov.bc.ca/spec_needs/ Ministry of Children and Family Development website] provides basic background information in this area and may be a starting point for further research.
+== B. Diminished Capacity ==
+The second area of concern affects those people who, due to old age, disease, or trauma, become mentally incapable. It is important to note that the threshold for capacity may differ depending on the legal matter at stake – for example, there may be a different level of capacity needed for the decision to appoint a representative as opposed to the decision to draft a will. Family members and caregivers for this group would most likely be served by the information in [[Adult Guardianship Legislation and Resources (15:I) | Chapter 15: Guardianship]].
+== C. Psychiatric Disorders ==
+The third group are those people who may not have a developmental delay or diminished capacity but who suffer from psychiatric disorders.   These can range from mild delusions, to mood disorders, to pervasive and severe psychosis. These people are the ones most likely to fall under the provisions of the ''Mental Health Act''. The legal issues faced by this group are the main focus of Chapter 14: Mental Health Law. Therefore, in Chapter 14 it is important to note that the term “mental disorder” refers to psychiatric illness and not to those with developmental delays or diminished capacity.

Introduction to Mental Health and Capacity (14:I): Difference between revisions

Revision as of 18:11, 20 June 2016

A. Developmental Delays

B. Diminished Capacity

C. Psychiatric Disorders

Navigation menu

Search