Chapter Six Resources and Appendix in Legal Issues in Residential Care

Chapter Resources

• BC Law Institute (2013). Report on Common Law Tests of Capacity. Online: www.bcli.org/wordpress/wp-content/uploads/2013/09/2013-09-24_BCLI_Report_on_Common-Law_Tests_of_Capacity_FINAL.pdf

• Public Guardian & Trustee. (2005). Consent to health care Online : www.trustee.bc.ca/pdfs/STA/Consent_Health_Care_March_2005.pdf

• Ministry of Health. (July 2011). Health Care Providers' Guide to Consent to Health Care

• Restrictions on the Authority of a Temporary Substitute Decision Maker

• Ministry of Health. (2013). my voice: expressing my wishes for future health care treatment. Advance care planning guide. Online: http://www.health.gov.bc.ca/library/publications/year/2013/MyVoice-AdvanceCarePlanningGuide.pdf

• Ministry of Health. (2011). A review of the use of antipsychotic drugs in British Columbia’s residential care facilities. Online: www.health.gov.bc.ca/library/publications/year/2011/use-of-antipsychotic-drugs.pdf

• Ministry of Health. (2012).Best practice guideline for accommodating and managing behavioural and psychological symptoms of dementia in residential care- a person-centered interdisciplinary approach. Online: www.health.gov.bc.ca/library/publications/year/2012/bpsd-guideline.pdf

• Vancouver Coastal Health. (2009). “Supporting sexual health and intimacy in care facilities: guidelines for supporting adults living in long-term care facilities and group homes in British Columbia, Canada,” Online: www.sfu.ca/uploads/page/04/FacilitiesLicensing_SupportingSexualHealthandIntimacyinCareFacilities2.pdf.

Proposes guidelines aimed to help administrators and clinical leaders develop their own guidelines to support healthy and safe sexual expression for adults living in care facilities.

• Alzheimer Knowledge Exchange. “Intimacy, sexuality and sexual behaviour in dementia. How to develop practice guidelines and policy for long term care facilities. “Online: http://www.akeresourcecentre.org/files/Sexuality/Intimacy,%20Sexuality%20and%20Sexual%20Behaviour%20in%20Dementia.pdf

• Supporting Sexual Health and Intimacy in Care Facilities - A pocket guide. May 2013. Spinal Cord Injury Organization of BC. Online: www.sfu.ca/uploads/page/04/SexualHealthIntimacyPocketGuide.pdf

General Reading

(Please note, although these resources are useful for general discussions, they are based outside of the British Columbia legal context)

• Attorney General Ontario. (2005) Guidelines to conducting capacity assessments. Online: www.attorneygeneral.jus.gov.on.ca/english/family/pgt/capacity/2005-06/guide-0505.pdf

Appendix: Examples

Examples of Financial Decisions in Residential Care

Financial / legal (property) decisions which specifically relate to residents of long-term care facilities

• contracting with the long-term care facility for payment of the accommodation fees and fees for other services,

• the management of the resident's trust account, if any, at the facility, and

• the management of the "comfort allowance" or other pocket money.

Examples of Legal and Personal Care Decisions in Residential Care

Personal Care decisions which specifically relate to residents of long-term care facilities

• the decision for admission to a facility,

• decisions about medical treatment and the resident's care plan,

• decisions about personal assistance services,

• all the basic decisions about diet, clothing, and hygiene, and

• decisions about the use and application of safety devices and physical restraints.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by BC Centre for Elder Advocacy and Support, June 2014.

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

Short for the Child Support Guidelines, a regulation to the federal Divorce Act, adopted by each province and territory except Quebec, that sets the amount of child support a parent or guardian must pay, usually based on the person's income and the number of children involved.

Something which can be owned. See "chattels" and "real property."

In law, a form of possession of property in which a "trustee" keeps and manages property for the benefit of another person, the "beneficiary," without owning that property and usually without acquiring an interest in that property other than as payment for their services. The trustee holds the property in trust for the beneficiary. See "constructive trust," "ownership," "possession" and "resulting trust."

In law, (1) a lawyer's bill to their client or a statement, or (2) a person's recollection of events.

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

In legal proceedings, an admission refers to a party's formal acknowledgment of the truth of certain facts or the authenticity of documents. Admissions can arise a number of ways. They can be contained in concessions made in the pleadings, spoken during an examination for discovery, or made in response to a notice to admit. Admissions can facilitate a more efficient trial by minimizing the need to prove undisputed facts, thereby reducing the time and expense associated with calling evidence and focusing the trial on genuinely contested issues.

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."