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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 00:37, 11 October 2022
, 00:37, 11 October 2022→5. Note on ADs for LSLAP Students
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When a client approaches LSLAP for assistance with creating an AD, students should ask the following series of questions in order to ascertain whether LSLAP can assist them: | When a client approaches LSLAP for assistance with creating an AD, students should ask the following series of questions in order to ascertain whether LSLAP can assist them: | ||
# Is the client capable of creating an AD? The presumption is that all adults are capable. The test is the ability to understand and appreciate the meaning of what they are trying to do in this particular case. | |||
# Why does the client want to create an AD? | |||
# What types of health care provider does the client want to give consent to? | |||
# What types of health care provider does the client want to refuse consent to? | |||
# Does the client have an RA in place? What is the relationship between the client and their chosen representative? | |||
# Does the client want the representative to be able to give or refuse consent, notwithstanding the AD? | |||
It is common for practitioners to refer the client to their doctor for discussion of the types of health care that the client may want to give or refuse consent to, and to obtain the appropriate wording of an AD from that doctor. Students should discuss this option with the client and consider referring them to their doctor in the first instance. | It is common for practitioners to refer the client to their doctor for discussion of the types of health care that the client may want to give or refuse consent to, and to obtain the appropriate wording of an AD from that doctor. Students should discuss this option with the client and consider referring them to their doctor in the first instance. | ||
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Students should refer to their Supervising Lawyer if there is any doubt that the client understands and appreciates the AD. Also, note that an adult is not required to have an AD as a condition of receiving health care treatment. | Students should refer to their Supervising Lawyer if there is any doubt that the client understands and appreciates the AD. Also, note that an adult is not required to have an AD as a condition of receiving health care treatment. | ||
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 must also remember their legal responsibility to maintain professional conduct and client confidentiality. If abuse or neglect is suspected, consult with the Supervising Lawyer about how and whether to make a report to the appropriate authority. | 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 must also remember their legal responsibility to maintain professional conduct and client confidentiality. If abuse or neglect is suspected, consult with the Supervising Lawyer about how and whether to make a report to the appropriate authority. | ||
=== D. Temporary Substitute Decision-Makers (TSDM) === | === D. Temporary Substitute Decision-Makers (TSDM) === | ||