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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 00:25, 11 October 2022
, 00:25, 11 October 2022→8. Note on RAs for LSLAP Students
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When a client approaches LSLAP for assistance with creating an RA, students should ask the following questions to ascertain the kind of RA that the client needs and whether LSLAP can assist them: | When a client approaches LSLAP for assistance with creating an RA, students should ask the following questions to ascertain the kind of RA that the client needs and whether LSLAP can assist them: | ||
# Is the client capable of creating an RA? The presumption is that all adults are capable. The test for capacity depends on whether it is a s 7 or s 9 agreement at issue. | |||
# Why does the client want to create an RA? | |||
# Who is the client considering to be their representative? | |||
# What is the relationship between the client and their chosen representative? | |||
# Are there signs of abuse, neglect or self-neglect? Does the adult have access to community resources? Is there a need to involve a Designated Agency? | |||
# Which specific authorities would the client like their representative to have? | |||
# Have they spoken to their chosen representative to see if they are willing to serve? | |||
# What is the status of the client’s will? Explain that wills do not provide direction or authority if testators become incapable, and POAs/RAs do not function like wills. | |||
# Would the client like to appoint a substitute or supportive decision-maker? | |||
Students should refer to their Supervising Lawyer if there is any doubt that the client understands and appreciates the RA. Also note that, according to s 3.1 of the RAA, an adult must not be required to have an RA as a condition of receiving any good or service. | Students should refer to their Supervising Lawyer if there is any doubt that the client understands and appreciates the RA. Also note that, according to s 3.1 of the RAA, an adult must not be required to have an RA as a condition of receiving any good or service. | ||
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If there are concerns that a person may be abused or neglected, or at risk of being abused or neglected, the student should discuss these concerns with the client and provide information and access to appropriate support services (e.g., Seniors Abuse & Information Line at 604-437-1940 or 1-866-437-1940). | If there are concerns that a person may be abused or neglected, or at risk of being abused or neglected, the student should discuss these concerns with the client and provide information and access to appropriate support services (e.g., Seniors Abuse & Information Line at 604-437-1940 or 1-866-437-1940). | ||
Students also need to remember their legal responsibility to maintain professional conduct and client confidentiality. If abuse or neglect is suspected, consult with the Supervising Lawyer about how to make a report to the appropriate authority. Refer to sections '''II. D: Resource Organizations''' and '''VIII: Adult Abuse and Neglect''' in this chapter. | Students also need to remember their legal responsibility to maintain professional conduct and client confidentiality. If abuse or neglect is suspected, consult with the Supervising Lawyer about how to make a report to the appropriate authority. Refer to sections '''II. D: Resource Organizations''' and '''VIII: Adult Abuse and Neglect''' in this chapter. | ||
==== 9. The Bentley (Litigation Guardian) v Maplewood Seniors Care Society Case ==== | ==== 9. The Bentley (Litigation Guardian) v Maplewood Seniors Care Society Case ==== | ||