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

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The residents living in British Columbia’s care facilities today are generally older, more disabled and closer to the end of life than residents were a decade ago ([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|1]]).  Many will be frail and the vast majority will be aged 85 and over. It is estimated that about eighty percent of the people living in British Columbia’s residential care facilities have dementia, although the degree of impairment can vary considerably from person to person.
The residents living in British Columbia’s care facilities today are generally older, more disabled and closer to the end of life than residents were a decade ago ([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|1]]).  Many will be frail and the vast majority will be aged 85 and over. It is estimated that about eighty percent of the people living in British Columbia’s residential care facilities have dementia, although the degree of impairment can vary considerably from person to person.


Residents in British Columbia’s care facilities are often treated as if they are all the same. From one narrow perspective they may be - they have experienced major changes in their health and social circumstances where their needs typically can no longer be met in the community with the support of their spouse or partner, family, friends or neighbours, through formal services, or in other types of housing settings. However, they are also a very diverse group of individuals. Each person remains very much an individual, each with very different lived experiences. Each resident has their own preferences, values, beliefs, and interests.
Residents in British Columbia’s care facilities are often treated as if they are all the same. From one narrow perspective they may be - they have experienced major changes in their health and social circumstances where their needs typically can no longer be met in the community with the support of their spouse or partner, family, friends or neighbours, through formal services, or in other types of housing settings. However, they are also a very diverse group of individuals.Each person remains very much an individual, each with very different lived experiences. Each resident has their own preferences, values, beliefs, and interests.


A residential care facility is the person’s home, as well as where others work. It is a collective setting, in which the rights of individuals must be balanced against the rights of other residents living there, as well as the rights and responsibilities of the staff and administration.
A residential care facility is the person’s home, as well as where others work. It is a collective setting, in which the rights of individuals must be balanced against the rights of other residents living there, as well as the rights and responsibilities of the staff and administration.
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Residential care is a complex area. Many laws shape and affect the residents’ lives in this collective setting. There can be regional differences in policy, as well as differences in the way the law has been interpreted and applied in various parts of British Columbia. Providers may operate facilities in a number of other jurisdictions in Canada or United States, and that may affect their expectations, contracts, and way of working.
Residential care is a complex area. Many laws shape and affect the residents’ lives in this collective setting. There can be regional differences in policy, as well as differences in the way the law has been interpreted and applied in various parts of British Columbia. Providers may operate facilities in a number of other jurisdictions in Canada or United States, and that may affect their expectations, contracts, and way of working.


This is also an area of constant change, as the area responds to new emerging issues, often with legal implications for the residents, friends, family and the staff who work in the care facilities.  This manual describes some of the laws that set out the responsibilities of providers and rights of residents, helping to clarify some common misunderstandings along the way.  As an introductory text, it largely focuses on how systems work in the context of the Community Care and Assisted Living Act and the Residential Care Regulations.
This is also an area of constant change, as the area responds to new emerging issues, often with legal implications for the residents, friends, family and the staff who work in the care facilities.  This manual describes some of the laws that set out the responsibilities of providers and rights of residents, helping to clarify some common misunderstandings along the way.  As an introductory text, it largely focuses on how systems work in the context of the Community Care and Assisted Living Act([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|2]]) and the Residential Care Regulations ([[Introduction, Chapter One and Two of Legal Issues in Residential Care References|3]]).


This e-book describes the key legal issues related to residential care in British Columbia, along with the appropriate processes and available legal or administrative remedies. It is written in the midst of change, recognizing that a number of important changes to residential care are currently under development.
This e-book describes the key legal issues related to residential care in British Columbia, along with the appropriate processes and available legal or administrative remedies. It is written in the midst of change, recognizing that a number of important changes to residential care are currently under development.
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