Difference between revisions of "Legal Issues in Residential Care: An Advocate's Manual"

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*'''[[A. Part 1 Introduction to Consent and Capacity in Residential Care|A. Part 1 Introduction]]
*'''[[A. Part 1 Introduction to Consent and Capacity in Residential Care|A. Part 1 Introduction]]
**[[Consent: an Area of Confusion in Residential Care|Consent: an Area of Confusion]]{{·}}[[Mental Capacity to Consent to Residential Care|Mental Capacity to Consent]]{{·}}[[Presumption of Capability in Residential Care|Presumption of Capability]]{{·}}[[Misuses of Presumptions in Residential Care| Misuses of Presumptions]]{{·}}[[How is Capability Determined in Residential Care|How is Capability Determined?]]{{·}}[[Understanding Tests of Incapability in Residential Care|Understanding Tests of Incapability]]
**[[A. Part 1 Introduction to Consent and Capacity in Residential Care#Consent: an Area of Confusion|Consent: an Area of Confusion]]{{·}}[[A. Part 1 Introduction to Consent and Capacity in Residential Care#Mental Capacity to Consent|Mental Capacity to Consent]]{{·}}[[A. Part 1 Introduction to Consent and Capacity in Residential Care#Presumption of Capability|Presumption of Capability]]{{·}}[[A. Part 1 Introduction to Consent and Capacity in Residential Care#Misuses of Presumptions| Misuses of Presumptions]]{{·}}[[A. Part 1 Introduction to Consent and Capacity in Residential Care#How is Capability Determined|How is Capability Determined?]]{{·}}[[A. Part 1 Introduction to Consent and Capacity in Residential Care#Understanding Tests of Incapability|Understanding Tests of Incapability]]


*'''[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care|B. Part 2 Health Care Consent]]
*'''[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care|B. Part 2 Health Care Consent]]
**[[The Conditions of Health Care Consent in Residential Care|The Conditions of Health Care Consent]]{{·}}[[Who Must Seek Consent for Health Care in Residential Care|Who Must Seek Consent for Health Care]]{{·}}[[What Is Meant by Health Care in Residential Care|What Is Meant by Health Care?]]{{·}}[[Consent Rights in Residential Care|Consent Rights]]{{·}}[[The Consent Process in Residential Care|The Consent Process]]{{·}}[[How Does a Person Give Consent in Residential Care|How Does a Person Give Consent?]]{{·}}[[Exceptions to Requiring Consent in Residential Care|Exceptions to Requiring Consent]]{{·}}[[Residential Care and Health Care at the Margins|Health Care at the Margins]]{{·}}[[Areas of Confusion about Health Care Consent in Residential Care|Areas of Confusion about Health Care Consent in Residential Care]][[Residential Care and Exploiting Consent Loopholes|Exploiting Consent Loopholes?]]
**[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#The Conditions of Health Care Consent|The Conditions of Health Care Consent]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#Who Must Seek Consent for Health Care|Who Must Seek Consent for Health Care]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#What Is Meant by Health Care|What Is Meant by Health Care?]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#Consent Rights|Consent Rights]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#The Consent Process|The Consent Process]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#How Does a Person Give Consent|How Does a Person Give Consent?]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#Exceptions to Requiring Consent|Exceptions to Requiring Consent]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#Health Care at the Margins|Health Care at the Margins]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#Areas of Confusion about Health Care Consent in Residential Care|Areas of Confusion about Health Care Consent in Residential Care]][[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#Exploiting Consent Loopholes|Exploiting Consent Loopholes?]]


*'''[[C. Part 3 Care Planning in Consent and Capacity in Residential Care|C. Part 3 Care Planning]]
*'''[[C. Part 3 Care Planning in Consent and Capacity in Residential Care|C. Part 3 Care Planning]]
**[[Residential Care and Consent and Care Plans|Consent and Care Plans]]{{·}}[[Residential Care and Rights Associated with Care Plan Consent|Rights Associated with Care Plan Consent]]{{·}}[[Advance Care Planning - Advance Care Plan and Advance Care Directives|Advance Care Planning - Advance Care Plan and Advance Care Directives]]{{·}}[[Residential Care and Consent and Advance Care Directives|Consent and Advance Care Directives]]{{·}}[[Residential Care and Common Areas of Misunderstanding for Advance Health Care Consent|Common Areas of Misunderstanding for Advance Health Care Consent]]
**[[C. Part 3 Care Planning in Consent and Capacity in Residential Care#Consent and Care Plans|Consent and Care Plans]]{{·}}[[C. Part 3 Care Planning in Consent and Capacity in Residential Care#Rights Associated with Care Plan Consent|Rights Associated with Care Plan Consent]]{{·}}[[C. Part 3 Care Planning in Consent and Capacity in Residential Care#Advance Care Planning - Advance Care Plan and Advance Care Directives|Advance Care Planning - Advance Care Plan and Advance Care Directives]]{{·}}[[C. Part 3 Care Planning in Consent and Capacity in Residential Care#Consent and Advance Care Directives|Consent and Advance Care Directives]]{{·}}[[C. Part 3 Care Planning in Consent and Capacity in Residential Care#Common Areas of Misunderstanding for Advance Health Care Consent|Common Areas of Misunderstanding for Advance Health Care Consent]]


*'''[[D. Part 4  Personal Care and Consent in Consent and Capacity in Residential Care|D. Part 4  Personal Care and Consent]]
*'''[[D. Part 4  Personal Care and Consent in Consent and Capacity in Residential Care|D. Part 4  Personal Care and Consent]]
**[[Consent and Capacity: What Is Personal Care|What Is Personal Care?]]{{·}}[[Determining a Resident’s Capacity to Make Personal Care Decisions|Determining a Resident’s Capacity to Make Personal Care Decisions]]
**[[D. Part 4  Personal Care and Consent in Consent and Capacity in Residential Care#What Is Personal Care|What Is Personal Care?]]{{·}}[[D. Part 4  Personal Care and Consent in Consent and Capacity in Residential Care#Determining a Resident’s Capacity to Make Personal Care Decisions|Determining a Resident’s Capacity to Make Personal Care Decisions]]


*'''[[E. Part 5 Other Consent Issues in Consent and Capacity in Residential Care|E. Part 5 Other Consent Issues]]
*'''[[E. Part 5 Other Consent Issues in Consent and Capacity in Residential Care|E. Part 5 Other Consent Issues]]
**[[Consent and Capacity: Intimacy and Sexual Relations|Intimacy and Sexual Relations]]{{·}}[[Residential Care and What Constitutes Consent in the Context of Intimacy and Sex|What Constitutes Consent in the Context of Intimacy and Sex]]
**[[E. Part 5 Other Consent Issues in Consent and Capacity in Residential Care#Intimacy and Sexual Relations|Intimacy and Sexual Relations]]{{·}}[[E. Part 5 Other Consent Issues in Consent and Capacity in Residential Care#What Constitutes Consent in the Context of Intimacy and Sex|What Constitutes Consent in the Context of Intimacy and Sex]]


=== Chapter Seven - Substitute Decision-Making ===
=== Chapter Seven - Substitute Decision-Making ===

Revision as of 23:08, 20 June 2014

Legal Issues in Residential Care: An Advocate's Manual is from the BC Centre for Elder Advocacy and Support.

Contents[edit]

Chapter One - Statutory Framework[edit]

Chapter Two - Residents' Bill of Rights[edit]

Chapter Three - Legal Issues in Admission and Transfer[edit]

Chapter Four - Legal Issues When Living in Residential Care[edit]

Chapter Five - Rights, Remedies and Problem Resolution[edit]

Chapter Six - Consent and Capacity[edit]

Chapter Seven - Substitute Decision-Making[edit]

About this Wikibook[edit]

About the BC Centre for Elder Advocacy and Support[edit]

The BC CEAS is a non-profit charitable organization located in British Columbia, Canada. We are committed to:

  • Protecting the legal rights of older adults;
  • Increasing access to justice for older adults;
  • Informing the public about elder abuse; and
  • Providing supportive programs for older adults who have been abused.

Find out more at bcceas.ca/