Difference between revisions of "Admission to the Residential Care Facility"

Jump to navigation Jump to search
Line 56: Line 56:


Currently, admission agreements may have clauses specific to the attorney’s (financial and legal) functions and other clauses that fall within the representative’s (personal care) scope.  It may be  possible to sever the  clauses into different agreements as  the substitute  decision maker’s authority may not cover both types of decisions.  Creating two separate documents may or may not improve the situation.
Currently, admission agreements may have clauses specific to the attorney’s (financial and legal) functions and other clauses that fall within the representative’s (personal care) scope.  It may be  possible to sever the  clauses into different agreements as  the substitute  decision maker’s authority may not cover both types of decisions.  Creating two separate documents may or may not improve the situation.
==References==
#Ombuds, Best of Care. [page, 243].
#Ombuds, Best of Care. [page, 243].
#HCC Policy Manual. Chapter: 6 Residential Care Services Number: 6.A Section: A General Description and Definitions. Effective: January 1, 2013.
#Ombuds, Best of Care. [page 234]
#For general information on private trustees for Old Age Security or Canada Pension Plan,  see: http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=isp3506cpp&ln=eng  (Last accessed  May 1, 2014).
#Human Rights Code [RSBC 1996] c. 210.
#HCC Policy Manual. Chapter: 1 Overview Number: 1.A Section: At Home And Community Care Services Page: 2 Of 4 Subsection: Effective: January 1, 2013.
#For a legal discussion of problems with “personal care decisions” that come up in residential care facilities in Ontario, see : R. Chrolavicius. ( November 26, 2013) Misuse of powers of attorney for personal care. Advocacy Centre for the Elderly. Online: http://www.advocacycentreelderly.org/appimages/file/Misuse%20of%20Powers%20of%20Attorney%20for%20Personal%20Care-LR%203.pdf (Last accessed May 1, 2014).
#The Mental Health Act, again is often used to admit individuals who do not have anyone to consent on their  behalf.
#See:
##Representation Agreement Act ,  [RSBC 1996] c. 405, s. 1 Definitions “Personal care”.
##Power of Attorney Act [RSBC 1996]c. 370. Part 2 Enduring Power of Attorney, s. 10 (Definitions, “personal care “).
##Also see Nidus. “ Personal Care”. Online : http://www.nidus.ca/?page_id=275  (Last accessed May 1, 2014).
#See Representation Agreement Act.
#s. 1 Definitions. “ health care” mean anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other purpose related to health, and includes


{{REVIEWED | reviewer = BC Centre for Elder Advocacy and Support, June 2014}}
{{REVIEWED | reviewer = BC Centre for Elder Advocacy and Support, June 2014}}
{{Legal Issues in Residential Care: An Advocate's Manual Navbox}}
{{Legal Issues in Residential Care: An Advocate's Manual Navbox}}

Navigation menu