Chapter Six Resources and Appendix in Legal Issues in Residential Care
- 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
(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
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.|