Introduction to Rights in Home Care and Senior Housing

Navigating Home Care and Senior Housing: An Advocacy Guide
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Introduction
Introduction to this Guide Acknowledgements
Chapters
1. Supports within the Community · Introduction to Community Supports · Supports for Independent Living · Home Care · Supports for Caregivers
2. Entering & Leaving Assisted Living · Introduction · Services in Assisted Living · Eligibility for Assisted Living · Subsidized Assisted Living · Residency Agreements and Assisted Living · Evictions and Assisted Living · Concerns, Complaints & Accountability
3. Entering & Leaving Long-Term Care · Overview of Long-Term Care · Eligibility for Long-Term Care · Long-Term Care Services · Cost of Publicly Funded Long-Term Care · Choosing a Long-Term Care Facility · Long-Term Care Placements · Consent to Admission · Ending Residency
4. Living in Long-Term Care · Care Plans in Long-Term Care · Overuse of Medications · Use of Restraints · Temporary Leaves of Absences
5. Rights · Introduction · Residents' Bill of Rights · Decision-Making Rights · Medical Assistance in Dying (MAiD)
6. Resolving Problems · Advocating for Older Adults · Whistleblower Protections · Advocacy in Services and Care Facilities · When Internal Advocacy Doesn't Work · Seeking Systemic Change
7. Abuse and Neglect · Where to Start · What is Elder Abuse and Neglect · Capacity & Vulnerability · Abuse or Neglect by Paid Caregivers · Abuse or Neglect by Friend or Relative · Designated Agencies · Public Guardian and Trustee · Police · Victim Services
Appendices
Appendix A - Resources Appendix B - Glossary Appendix C - Useful Forms
From
Seniors First BC ‎
v • d • e

Introduction

This chapter discusses the rights of people living in long-term care and common issues that arise for people living in long-term care.

Some of these issues are addressed by the laws that govern long-term care facilities – the Community Care and Assisted Living Act, the Residential Care Regulation and Assisted Living Regulation, or for extended care and private hospitals, the Hospital Act. Some issues, like the use of restraints or minimum operating standards are very specifically addressed in the governing laws, while other issues fall under the broad protections guaranteed by the Residents’ Bill of Rights, including for example the right to health, safety, and dignity.(1)

Another important law is the Health Care (Consent) and Care Facility (Admissions) Act (HCCCFAA), which outlines an adult’s right to make informed decisions about their health care, as well as the rights and obligations of their substitute decision-maker if applicable. It also addresses an adult’s rights when being admitted to long-term care.

While the law offers various levels of recourse to solve problems, the first and most practical timely approach is to try to resolve problems directly within the facility using their complaint procedures. See Chapter 6 for more information about advocacy strategies.

It is important to keep in mind that unlike an acute care hospital, a care facility is the adult’s home and residents should be able to carry on their usual activities of daily life.

References

The Residents' Bill of Rights is contained as a schedule to the Community Care and Assisted Living Act, BC 2002, c 75, Sch, online: <https://canlii.ca/t/84lk>.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Seniors First BC, February 2024.

v • d • e Navigating Home Care and Senior Housing: An Advocacy Guide

Introduction	Introduction to this Guide · Acknowledgements

Chapter One: Supports within the Community	Introduction to Community Supports · Supports for Independent Living · Home Care · Supports for Caregivers · Chapter One Resources and Appendix

Chapter Two: Entering and Leaving Assisted Living	Introduction to Entering and Leaving Assisted Living · Services in Assisted Living · Eligibility for Assisted Living · Subsidized Assisted Living · Residency Agreements and Assisted Living · Evictions and Assisted Living · Concerns, Complaints, and Accountability and Assisted Living · Chapter Two Resources and Appendix

Chapter Three: Entering and Leaving Long-Term Care	Overview of Long-Term Care · Eligibility for Long-Term Care · Long-Term Care Services · Cost of Publicly Funded Long-Term Care · Choosing a Long-Term Care Facility · Long-Term Care Placements · Consent to Admission · Ending Residency · Chapter Three Resources and Appendix

Chapter Four: Living in Long-Term Care	Care Plans in Long-Term Care · Overuse of Antipsychotic and Sedative Medications · Use of Restraints · Temporary Leaves of Absences · Chapter Four Resources and Appendix

Chapter Five: Rights	Introduction to Rights in Home Care and Senior Housing · Residents' Bill of Rights · Decision-Making Rights · Medical Assistance in Dying (MAiD) · Chapter Five Resources and Appendix

Chapter Six: Resolving Problems	Advocating for Older Adults · Whistleblower Protections · Advocacy in Services and Care Facilities · When Internal Advocacy Doesn't Work · Seeking Systemic Change · Chapter Six Resources and Appendix

Chapter Seven: Abuse and Neglect	Where to Start Addressing Abuse and Neglect · What is Elder Abuse and Neglect · Capacity and Vulnerability · Abuse or Neglect by Paid Caregivers · Abuse or Neglect by Friend or Relative · Designated Agencies · Public Guardian and Trustee Intervention · Police Intervention · Victim Services Support · Chapter Seven Resources and Appendix

Appendices	Appendix A - Resources · Appendix B - Glossary · Appendix C - Useful Forms

Introduction to Rights in Home Care and Senior Housing

Introduction

References

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