Legal Issues in Residential Care: An Advocate's Manual

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

Contents

• Introduction and Forward

Chapter One - Statutory Framework

• A. Part One - Overview
  • What is Residential Care? · When is it Residential Care? · What is Complex Care? · Knowing the Specific Parties

• B. Part Two - Legal Frameworks
  • The Statutory Framework for Care Staff · The General Statutory Framework in Residential Care

• C. Other Key Laws and Regulations
  • Care · Financial and Related Matters · Substitute Decision-Making · Privacy Matters · Special Populations · Rights, Remedies and Oversight · Legislation Related · Professional Responsibility Laws · Miscellaneous

Chapter Two - Residents' Bill of Rights

• A. Understanding the Bill of Rights

• B. The Key Provisions
  • Section 1 - Commitment to Care · Section 2 - Rights to Health, Safety and Dignity · Section 3 - Rights to Participation and Freedom of Expression · Section 4 - Rights to Transparency · Section 5 - Scope of Rights

• C. Protecting and Enforcing the Rights

Chapter Three - Legal Issues in Admission and Transfer

• A. Introduction to Legal Issues in Admission and Transfer
  • Basic Issues in Eligibility for Residential Care · Moving to Residential Care · Costs

• B. Admission to the Residential Care Facility
  • Agreeing to the Admission · Demonstrating Consent · Assessing Capability to Consent? · What Kind of Decision is Admission to a Residential Care Facility and Who Makes It?

• Terms in Admission Agreements and Contracts

• D. Common Legal Matters in Contracts
  • Payment Default and Guarantee · Signing as a Substitute Decision-Maker · Other Areas

• E. Contractual Protections

• F. Consenting to Admission to a Care Facility
  • Screening · Assessing Capacity for Admission · Consent · Use of the Mental Health Act to Admit Older Adults to Residential Care

• G. First Appropriate Bed Policy
  • What is “Appropriate”? · The Effect of Declining an Offered Placement

• Advance Care Planning

• I. Care Plans