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Difference between revisions of "Representation Agreements (15:V)"
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Representation Agreements (15:V) (view source)
Revision as of 17:28, 24 June 2016
, 17:28, 24 June 2016→1. Temporary Substitute Decision-makers (TSDM)
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*close friend; | *close friend; | ||
*persons immediately related by marriage (including in-laws and step-children). | *persons immediately related by marriage (including in-laws and step-children). | ||
To qualify to give, refuse or revoke substitute consent to health care for an adult, a person must (subsection 2): | |||
*be at least 19 years of age; | |||
*have been in contact with the adult during the preceding 12 months; | |||
*have no disputes with the adult; | |||
*be capable of giving, refusing or revoking substitute consent, and | |||
*be willing to comply with the duties in section 19. | |||
If no one listed in subsection (1) is available or qualifies under subsection (2), or if there is a dispute about who is to be chosen, the health care provider must choose a person authorized by the Public Guardian and Trustee (which can include a person employed in the Office of the Public Guardian and Trustee). | |||
The TSDM must act in accordance with the adult patient’s wishes, values and beliefs, when the patient is unable to provide their own consent, and does not have an appointed Committee or a Representative. | |||
== I. A Practical Approach to RAs for LSLAP Students == | |||
When a client approaches LSLAP for assistance with creating an RA, students should ask the following questions in order to ascertain the kind of RA that the client needs and whether LSLAP can assist them: | |||
#Is the client capable of creating an RA? The presumption is that all adults are capable. The test for capacity depends on whether it is a s 7 or s 9 agreement at issue. | |||
#Why does the client want to create an RA? | |||
#Who is the client considering to be their Representative? | |||
#What is the relationship between the client and their chosen Representative? | |||
#Are there signs of abuse, neglect or self-neglect? Does the adult have access to community resources? Is there a need to involve a Designated Agency? | |||
#Which specific authorities would the client like their Representative to have? | |||
#Have they spoken to their chosen Representative to see if they are willing to serve? | |||
#What is the status of the client’s will? Explain that wills do not provide direction or authority if testators become incapable, and POAs/RAs do not function like wills. | |||
#Would the client like to appoint a substitute or supportive decision-maker? | |||
Students should refer to their Supervising Lawyer if there is any doubt that the client understands and appreciates the RA. Also note that, according to s 3.1 of the amended RAA, an adult must not be required to have an RA as a condition of receiving any good or service. | |||
If there are concerns that a person may be abused or neglected, or at risk of being abused or neglected, the student should discuss these concerns with the client and provide information and access to appropriate support services (e.g., Seniors Help & Information Line at: 604-437-1940 or 1-866-437-1940). | |||
15-34 | 15-34 | ||
