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v • d • e Legal Issues in Residential Care: An Advocate's Manual

Introduction	Introduction and Forward · Acknowledgements

Chapter One: Statutory Framework	What is Residential Care? · When is it Residential Care? · What is Complex Care? · Funding: Three Types of Facilities · The Statutory Framework for Care Staff · The General Statutory Framework in Residential Care · Care · Financial and Related Matters · Substitute Decision-Making · Privacy Matters · Special Populations · Rights, Remedies and Oversight · Legislation Related to Funding · Professional Responsibility Laws · Miscellaneous

Chapter Two: Residents' Bill of Rights	Understanding the Bill of Rights · Commitment to Care · Rights to Health, Safety and Dignity · Rights to Participation and Freedom of Expression · Rights to Transparency · Scope of Rights · Protecting and Enforcing the Rights ·

Chapter Three: Legal Issues in Admission and Transfer	Basic Issues in Eligibility for Residential Care · Moving to Residential Care · Costs · Agreeing to the Admission · Demonstrating Consent · Assessing Capability to Consent? · What Kind of Decision is Admission to a Residential Care Facility and Who Makes It? · Terms in Admission Agreements and Contracts · Payment Default and Guarantees · Signing as a Substitute Decision-Maker (SDM) · Other Areas · Contractual Protections · Screening · Assessing Capacity for Admission · Consent · Use of the Mental Health Act to Admit Older Adults to Residential Care · What is “Appropriate”? · The Effect of Declining an Offered Placement · Advance Care Planning · Care Plans · Admission of Veterans · Admission of Aboriginal Residents · Admission of Spouses with Different Care Needs · Admission of Sponsored Immigrants Needing Care

Chapter Four: Legal Issues When Living in Residential Care	Care Plans · Communication · Care Conferences · Staffing · Quality of Care · Continence Care · Risk Taking · Private Communication · Paid Companions in Residential Care · Renovations and Closure of Facilities · Medications · Control Over Visiting · Abuse and Neglect · Resident to Resident Harms · Reporting Responsibilities · Restraints

Chapter Five: Rights, Remedies and Problem Resolution	The Need for Effective Remedies and Problem Resolution · Concerns About Raising Concerns · Reporting Protections · Threats of Being Sued · Residents Rights · Family and Resident Councils · Operator Responsibilities · Patient Care Quality Office · Patient Care Quality Review Board · Community Care Licensing Offices · Local Ethics Committees · BC Care Aide and Community Health Worker Registry · Directing Concerns to External Bodies · Directing Concerns to Review Boards · Addressing Systemic Concerns: BC Seniors Advocate · A Final Note on Rights, Remedies and Problem Resolution in Residential Care

Chapter Six: Consent and Capacity	Consent: An Area of Confusion · Mental Capacity to Consent · Presumption of Capability · Misuses of Presumptions · How is Capability Determined? · Understanding Tests of Incapability · The Conditions of Health Care Consent · Who Must Seek Consent for Health Care? · What is Meant by “Health Care”? · Consent Rights · The Consent Process · How Does a Person Give Consent? · Exceptions to Requiring Consent · Health Care at the Margins · Areas of Confusion Around Health Care Consent in Residential Care · Information Rights · Exploiting Consent Loopholes? · Consent and Care Plans · Rights Associated with Care Plan Consent · Advance Care Planning - Advance Care Plan and Advance Care Directives · Consent and Advance Care Directives · Common Areas of Misunderstanding for Advance Health Care Consent · What is Personal Care? · Determining a Resident’s Capacity to Make Personal Care Decisions · Intimacy and Sexual Relations · What Constitutes Consent in the Context of Intimacy and Sex?

Chapter Seven: Substitute Decision-Making	Introduction: A Right to Decide · Statutory Substitutes - Temporary Substitute Decision-Making for Health Decisions · Other Tools by Which People are Given Authority as Substitutes · Court Appointed Substitutes - Adult Guardianship/Committeeship · Substitute Decision-Making Through Instructions - Advance Care Directives

Resources, References and Information	Chapter One Resources and Appendix · Chapter Three Resources and Appendix · Chapter Four Resources and Appendix · Chapter Five Resources and Appendix · Chapter Six Resources and Appendix · Chapter Seven Resources and Appendix

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