Difference between revisions of "Introduction and Forward to Legal Issues in Residential Care"

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{{DEMOWARNING}}
==Introduction==
==Introduction==


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* '''Substitute decision-making''' including the use of power of attorney, advance directives, and representation agreements in residential care.
* '''Substitute decision-making''' including the use of power of attorney, advance directives, and representation agreements in residential care.
==Language and Perspective==
The manual takes a client-centred, advocacy perspective to describe and understand the common legal matters affecting people who live in residential care facilities, as well as those who care about and support them.
In this area, statutes may refer to people as “persons in care”, “patients”,  “clients”, or “residents”. Throughout this manual we use the term “resident” and “person” interchangeably.
Occasionally the term “older adult” or “senior” will be used unless the context otherwise warrants. We use the generic term “operator” to cover the wide range of public, private, for profit and not for profit care facility licensees, owners and operators who provide care and support to older adults in residential care facilities, including private hospitals and extended care hospitals.
==Viewing Residential Care in the Context of Elder Law==
Some of the laws and regulations identified in the manual such as the Community Care and Assisted Living Regulation regulate care facilities for persons with chronic or progressive conditions, primarily due to the ageing process.  The same laws also apply to and regulate facilities for also a wider group of people receiving care. This includes facilities providing hospice (palliative) care, homes for people with developmental disabilities or acquired brain injury and facilities for people with substance abuse or mental disorders. The focus in this manual, however, will largely be on seniors who make up the vast proportion of the resident population in the care facilities.
Throughout the text we focus on specific aspects of law. Some sections will describe a range of legal issues related to documents such as power of attorney, but in the specific context of life and issues in residential care facilities. These sections are not intended to be comprehensive statements of law on those documents.
==Our Sincere Thanks==
This project was made possible with financial support of the Law Foundation of British Columbia.  The BC Centre for Elder Advocacy and Support gratefully acknowledges the Foundation for its generous support of this work.
==Disclaimer==
This material contains information and guidance for practice.  We have taken considerable  effort to reflect the law, policy and practice as accurately as possible in this complex area. However, there can be minor differences in interpretation, plus law, policy and practice in this area are constantly changing.  We also recognize that some important sources such as the Ministry of Health’s Home  and Community Care Policy Manual are currently under  review.
The information is not legal advice. All material provided is current as of May 31, 2014. Any changes to the law or policy after May 31, 2014 are not reflected in these materials.
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