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Difference between revisions of "Substitute Decision Making for Adult Guardianship (15:IV)"
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Substitute Decision Making for Adult Guardianship (15:IV) (view source)
Revision as of 00:15, 11 October 2022
, 00:15, 11 October 2022→b) Section 9 Representation Agreements
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Section 9 RAs designate a substitute decision-maker for significant and sometimes very personal or more controversial health or personal care decisions. Under this section, representatives can do anything that the representative considers necessary in relation to the personal care or the health care of the adult, including: | Section 9 RAs designate a substitute decision-maker for significant and sometimes very personal or more controversial health or personal care decisions. Under this section, representatives can do anything that the representative considers necessary in relation to the personal care or the health care of the adult, including: | ||
* Where the adult is to live and with whom, including whether the adult should live in a care facility | |||
* Whether the adult should work and, if so, the type of work, the employer, and any related matters | |||
* Whether the adult should participate in any educational, social, vocational or other activity | |||
* Whether the adult should have contact or associate with another person | |||
* Whether the adult should apply for any licence, permit, approval or other authorization required by law for the performance of an activity | |||
* Day-to-day decisions on behalf of the adult, including decisions about the diet or dress of the adult | |||
* Giving or refusing consent to health care for the adult, including giving or refusing consent in the circumstances specified in the RA to specific kinds of health care, even where the adult refuses to give consent at the time the health care is provided | |||
* Physically restraining, moving and managing the adult and authorizing another person to do these things, if necessary to provide personal care or health care to the adult | |||
A representative under s 9 RA must not do the following, ''unless expressly provided for in the RA'': | A representative under s 9 RA must not do the following, ''unless expressly provided for in the RA'': | ||
* Give or refuse treatment in accordance with s 34(2)(f) of the ''HCCFA'' | |||
* Make arrangements for the temporary care and education of the adult’s minor children, or any other person who is cared for or supported by the adult | |||
* Interfere with the adult’s religious practices | |||
Section 34(2)(f) of the ''HCCFA'' pertains to refusing substitute consent to health care necessary to preserve life (''HCCFA'' s 18). In a s 9 RA, if a representative is provided with the power to give or refuse consent to health care for the adult, then the representative may give or refuse consent to health care necessary to preserve life (RAA s 9(3)). Some other health decisions are also excluded from potential powers, e.g. ‘sterilization for non-therapeutic purposes’ (RAA s 11(2)). | Section 34(2)(f) of the ''HCCFA'' pertains to refusing substitute consent to health care necessary to preserve life (''HCCFA'' s 18). In a s 9 RA, if a representative is provided with the power to give or refuse consent to health care for the adult, then the representative may give or refuse consent to health care necessary to preserve life (RAA s 9(3)). Some other health decisions are also excluded from potential powers, e.g. ‘sterilization for non-therapeutic purposes’ (RAA s 11(2)). | ||