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Difference between revisions of "Introduction and Forward to Legal Issues in Residential Care"
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Introduction and Forward to Legal Issues in Residential Care (view source)
Revision as of 17:46, 20 June 2014
, 17:46, 20 June 2014no edit summary
(Created page with "==Introduction== Each year, approximately 38,000 adults in British Columbia will live in a residential care facility. For most it will become their home for the last months ...") |
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We also benefited from the insights and support of advocacy staff at the Alzheimer Society of British Columbia, Al Jina (Park Place Seniors Living), Kim Slater and the Vancouver Island Association of Family Councils, and Sherry Baker, BC Association of Community Response Networks. | We also benefited from the insights and support of advocacy staff at the Alzheimer Society of British Columbia, Al Jina (Park Place Seniors Living), Kim Slater and the Vancouver Island Association of Family Councils, and Sherry Baker, BC Association of Community Response Networks. | ||
==Target Audience== | |||
This advocate’s manual is intended as a primary resource for legal staff at the BC Centre for Elder Advocacy and Support (BCCEAS) in serving individual clients. It will also be useful to advocates and professionals in the legal and health care systems who also want to support residents in the best manner possible. The-book will be updated on an ongoing basis. | |||
The e-book will be available on the BCCEAS website, with live links to sources of non-legal information (e.g., health authorities and other government resources) and to resources such as residential care family councils, senior-serving community organizations, and professional associations. | |||
==Scope== | |||
The focus of this e-book is on: | |||
: a) licensed residential care for adults–including the for profit and not for profit care facilities, private hospitals, and extended care hospital beds. | |||
: b) legal issues in these facilities-which includes policies, procedures, regulations, laws, any administrative review or appeal processes.It is not intended to be a comprehensive statement of the law, but a useful foundation. | |||
The e-book begins with an overview of the statutory framework for residential care facilities and residents’ rights declarations. The subsequent chapters focus on five key areas of law in residential care: | |||
* '''Legal issues related to admission and transfer''' - such as the admission process, and transfer from hospital or other settings, consent to move into a residential care facility (particularly where the prospective resident has diminished capacity), use of the Mental Health Act as a transfer mechanism; the care plan and the contract, and responsibility for fees. | |||
* '''Legal issues arising while living in residential care''' - which includes for example, residents’ rights, standards of care, professional care, informed consent, inappropriate use of physical and chemical (medication) restraints, resident safety (including preventing harm from other residents), abuse and neglect, control over residents, control over access to residents (visitors). | |||
* '''Rights, remedies and problem resolutions''' - how to resolve problems: civil and administrative remedies, enforcement, mandatory reporting, complaints, and criminal law. | |||
* '''Capacity & consent''' - treatment and personal care decisions, use and misuse of advance care planning, consent in the context of physical and chemical restraints in care facilities, and improving understanding about the requirements of consent. | |||
* '''Substitute decision-making''' including the use of power of attorney, advance directives, and representation agreements in residential care. | |||