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'''''Legal Issues in Residential Care: An Advocate's Manual''''' is from the BC Centre for Elder Advocacy and Support. 

== Contents ==

*'''[[Introduction and Forward for Legal Issues in Residential Care: An Advocate's Manual|Introduction and Forward]]'''

=== Chapter One - Statutory Framework ===

*'''[[A. Part One - Overview for Legal Issues in Residential Care: An Advocate's Manual|A. Part One - Overview]]
**[[A. Part One - Overview for Legal Issues in Residential Care: An Advocate's Manual#1. What is Residential Care?|What is Residential Care?]]{{·}}[[A. Part One - Overview for Legal Issues in Residential Care: An Advocate's Manual#2. When is it Residential Care?|When is it Residential Care?]]{{·}}[[A. Part One - Overview for Legal Issues in Residential Care: An Advocate's Manual#3. What is Complex Care?|What is Complex Care?]]{{·}}[[A. Part One - Overview for Legal Issues in Residential Care: An Advocate's Manual#4. Funding: Three Types of Facilities|Funding: Three Types of Facilities]]{{·}}[[A. Part One - Overview for Legal Issues in Residential Care: An Advocate's Manual#5. Knowing the Specific Parties|Knowing the Specific Parties]]

*'''[[B. Part Two - Legal Frameworks for Legal Issues in Residential Care: An Advocate's Manual|B. Part Two - Legal Frameworks]]
**[[B. Part Two - Legal Frameworks for Legal Issues in Residential Care: An Advocate's Manual#1. The Statutory Framework for Care Staff|The Statutory Framework for Care Staff]]{{·}}[[B. Part Two - Legal Frameworks for Legal Issues in Residential Care: An Advocate's Manual#2. The General Statutory Framework in Residential Care|The General Statutory Framework in Residential Care]]

*'''[[C. Other Key Laws and Regulations for Legal Issues in Residential Care: An Advocate's Manual|C. Other Key Laws and Regulations]]
**[[C. Other Key Laws and Regulations for Legal Issues in Residential Care: An Advocate's Manual#1. Care|Care]]{{·}}[[C. Other Key Laws and Regulations for Legal Issues in Residential Care: An Advocate's Manual#2. Financial and Related Matters|Financial and Related Matters]]{{·}}[[C. Other Key Laws and Regulations for Legal Issues in Residential Care: An Advocate's Manual#3. Substitute Decision-Making|Substitute Decision-Making]]{{·}}[[C. Other Key Laws and Regulations for Legal Issues in Residential Care: An Advocate's Manual#4. Privacy Matters|Privacy Matters]]{{·}}[[C. Other Key Laws and Regulations for Legal Issues in Residential Care: An Advocate's Manual#5. Special Populations|Special Populations]]{{·}}[[C. Other Key Laws and Regulations for Legal Issues in Residential Care: An Advocate's Manual#6. Rights, Remedies and Oversight|Rights, Remedies and Oversight]]{{·}}[[C. Other Key Laws and Regulations for Legal Issues in Residential Care: An Advocate's Manual#7. Legislation Related to Funding|Legislation Related to Funding]]{{·}}[[C. Other Key Laws and Regulations for Legal Issues in Residential Care: An Advocate's Manual#8. Professional Responsibility Laws|Professional Responsibility Laws]]{{·}}[[C. Other Key Laws and Regulations for Legal Issues in Residential Care: An Advocate's Manual#9. Miscellaneous|Miscellaneous]]

*'''[[Chapter One Resources and Appendix|Chapter One Resources and Appendix]]

=== Chapter Two - Residents' Bill of Rights ===

*'''[[A. Understanding the Bill of Rights in Residential Care|A. Understanding the Bill of Rights]]

*'''[[B. The Key Provisions in Residential Care|B. The Key Provisions]]
**[[B. The Key Provisions in Residential Care#Section 1 - Commitment to Care|Section 1 - Commitment to Care]]{{·}}[[B. The Key Provisions in Residential Care#Section 2 - Rights to Health, Safety and Dignity|Section 2 - Rights to Health, Safety and Dignity]]{{·}}[[B. The Key Provisions in Residential Care#Section 3 - Rights to Participation and Freedom of Expression|Section 3 - Rights to Participation and Freedom of Expression]]{{·}}[[B. The Key Provisions in Residential Care#Section 4 - Rights to Transparency|Section 4 - Rights to Transparency]]{{·}}[[B. The Key Provisions in Residential Care#Section 5 - Scope of Rights|Section 5 - Scope of Rights]]

*'''[[C.  Protecting and Enforcing the Rights in Residential Care|C.  Protecting and Enforcing the Rights]]

=== Chapter Three - Legal Issues in Admission and Transfer ===

*'''[[A. Introduction to Legal Issues in Admission and Transfer in Residential Care|A. Introduction to Legal Issues in Admission and Transfer]]
**[[A. Introduction to Legal Issues in Admission and Transfer in Residential Care#1. Basic Issues in Eligibility for Residential Care|Basic Issues in Eligibility for Residential Care]]{{·}}[[A. Introduction to Legal Issues in Admission and Transfer in Residential Care#2. Moving to Residential Care|Moving to Residential Care]]{{·}}[[A. Introduction to Legal Issues in Admission and Transfer in Residential Care#3. Costs|Costs]]

*'''[[B. Admission to the Residential Care Facility|B. Admission to the Residential Care Facility]]
**[[B. Admission to the Residential Care Facility#1. Agreeing to the Admission|Agreeing to the Admission]]{{·}}[[B. Admission to the Residential Care Facility#2. Demonstrating Consent|Demonstrating Consent]]{{·}}[[B. Admission to the Residential Care Facility#3. Assessing Capability to Consent?|Assessing Capability to Consent?]]{{·}}[[B. Admission to the Residential Care Facility#4. What Kind of Decision is Admission to a Residential Care Facility and Who Makes It?|What Kind of Decision is Admission to a Residential Care Facility and Who Makes It?]]

*'''[[C. Terms in Admission Agreements and Contracts in Residential Care|C. Terms in Admission Agreements and Contracts]]

*'''[[D. Common Legal Matters in Contracts in Residential Care Admission and Transfer|D. Common Legal Matters in Contracts]]
**[[D. Common Legal Matters in Contracts in Residential Care Admission and Transfer#1. Payment Default and Guarantees|Payment Default and Guarantee]]{{·}}[[D. Common Legal Matters in Contracts in Residential Care Admission and Transfer#2. Signing as a Substitute Decision-Maker (SDM)|Signing as a Substitute Decision-Maker]]{{·}}[[D. Common Legal Matters in Contracts in Residential Care Admission and Transfer#3. Other Areas|Other Areas]]

*'''[[E. Contractual Protections in Legal Issues in Admission and Transfer|E. Contractual Protections]]

*'''[[F. Consenting to Admission to a Care Facility|F. Consenting to Admission to a Care Facility]]
**[[F. Consenting to Admission to a Care Facility#1. Screening|Screening]]{{·}}[[F. Consenting to Admission to a Care Facility#2. Assessing Capacity for Admission |Assessing Capacity for Admission]]{{·}}[[F. Consenting to Admission to a Care Facility#3. Consent|Consent]]{{·}}[[F. Consenting to Admission to a Care Facility#4. Use of the Mental Health Act to Admit Older Adults to Residential Care|Use of the Mental Health Act to Admit Older Adults to Residential Care]]

*'''[[G. First Appropriate Bed Policy|G. First Appropriate Bed Policy]]
**[[G. First Appropriate Bed Policy#1. What is "Appropriate"?|What is “Appropriate”?]]{{·}}[[G. First Appropriate Bed Policy#2. The Effect of Declining an Offered Placement|The Effect of Declining an Offered Placement]]

*'''[[H. Advance Care Planning for Residential Care|H. Advance Care Planning]]

*'''[[I. Care Plans and Legal Issues in Admission and Transfer|I. Care Plans]]

*'''[[J. Admission Process for Special Individuals or Circumstances|J. Admission Process for Special Individuals or Circumstances]]
**[[J. Admission Process for Special Individuals or Circumstances#1. Admission of Veterans| Admission of Veterans]]{{·}}[[J. Admission Process for Special Individuals or Circumstances#2. Admission of Aboriginal Residents|Admission of Aboriginal Residents]]{{·}}[[J. Admission Process for Special Individuals or Circumstances#3. Admission of Spouses with Different Care Needs|Admission of Spouses with Different Care Needs]]{{·}}[[J. Admission Process for Special Individuals or Circumstances#4. Admission of Sponsored Immigrants Needing Care|Admission of Sponsored Immigrants Needing Care]]

*'''[[Chapter Three Resources and Appendix|Chapter Three Resources and Appendix]]

=== Chapter Four - Legal Issues When Living in Residential Care ===

*'''[[A. Part One - Common Care Issues and Legal Issues When Living in Residential Care|A. Part One - Common Care Issues]]
**[[A. Part One - Common Care Issues and Legal Issues When Living in Residential Care#1. Care Plans| Care Plans]]{{·}}[[A. Part One - Common Care Issues and Legal Issues When Living in Residential Care#2. Communication|Communication]]{{·}}[[A. Part One - Common Care Issues and Legal Issues When Living in Residential Care#3. Care Conferences|Care Conferences]]{{·}}[[A. Part One - Common Care Issues and Legal Issues When Living in Residential Care#4. Staffing|Staffing]]{{·}}[[A. Part One - Common Care Issues and Legal Issues When Living in Residential Care#5. Quality of Care|Quality of Care]]{{·}}[[A. Part One - Common Care Issues and Legal Issues When Living in Residential Care#6. Continence Care|Continence Care]]{{·}}[[A. Part One - Common Care Issues and Legal Issues When Living in Residential Care#7. Risk Taking|Risk Taking]]{{·}}[[A. Part One - Common Care Issues and Legal Issues When Living in Residential Care#8. Private Communication|Private Communication]]{{·}}[[A. Part One - Common Care Issues and Legal Issues When Living in Residential Care#9. Paid Companions|Paid Companions in Residential Care]]{{·}}[[A. Part One - Common Care Issues and Legal Issues When Living in Residential Care#10. Renovations and Closure of Facilities|Renovations and Closure of Facilities]]

*'''[[B. Part Two - Seven Pressing Issues and Legal Issues When Living in Residential Care|B. Part Two - Seven Pressing Issues]]
**[[B. Part Two - Seven Pressing Issues and Legal Issues When Living in Residential Care#1. Medications|1. Medications]]{{·}}[[B. Part Two - Seven Pressing Issues and Legal Issues When Living in Residential Care#2. Control over Visiting|2. Control over Visiting]]{{·}}[[B. Part Two - Seven Pressing Issues and Legal Issues When Living in Residential Care#3. Abuse and Neglect|3. Abuse and Neglect]]{{·}}[[B. Part Two - Seven Pressing Issues and Legal Issues When Living in Residential Care#4. Resident to Resident Harms|4. Resident to Resident Harms]]{{·}}[[B. Part Two - Seven Pressing Issues and Legal Issues When Living in Residential Care#5. Reporting Responsibilities|5. Reporting Responsibilities]]{{·}}[[B. Part Two - Seven Pressing Issues and Legal Issues When Living in Residential Care#6. Restraints and Legal Issues When Living in Residential Care|6. Restraints]]{{·}}[[B. Part Two - Seven Pressing Issues and Legal Issues When Living in Residential Care#7. Video Surveillance|7. Video Surveillance]]

*'''[[Chapter Four Resources and Appendix|Chapter Four Resources and Appendix]]

=== Chapter Five - Rights, Remedies and Problem Resolution ===

*'''[[A.  The Need for Effective Remedies and Problem Resolution and Legal Issues and Residential Care|A.  The Need for Effective Remedies and Problem Resolution]]

*'''[[B. The Basic Recourse Process under CCALA|B. The Basic Recourse Process under CCALA]]
**[[B. The Basic Recourse Process under CCALA#Concerns About Raising Concerns|Concerns About Raising Concerns]]{{·}}[[B. The Basic Recourse Process under CCALA#Reporting Protections|Reporting Protections]]{{·}}[[B. The Basic Recourse Process under CCALA#Threats of Being Sued|Threats of Being Sued]]

*'''[[C. Starting Points for Problem Resolution in Residential Care|C. Starting Points for Problem Resolution]]
**[[C. Starting Points for Problem Resolution in Residential Care#Residents Rights|Residents Rights]]{{·}}[[C. Starting Points for Problem Resolution in Residential Care#Family and Resident Councils|Family and Resident Councils]]

*'''[[D.  Operator Responsibilities and Legal Issues and Residential Care|D.  Operator Responsibilities]]

*'''[[E. Directing Concerns to Health Authorities and Legal Issues and Residential Care|E. Directing Concerns to Health Authorities]]
**[[E. Directing Concerns to Health Authorities and Legal Issues and Residential Care#Patient Care Quality Office|Patient Care Quality Office]]{{·}}[[E. Directing Concerns to Health Authorities and Legal Issues and Residential Care#Patient Care Quality Review Board|Patient Care Quality Review Board]]{{·}}[[E. Directing Concerns to Health Authorities and Legal Issues and Residential Care#Community Care Licensing Offices|Community Care Licensing Offices]]{{·}}[[E. Directing Concerns to Health Authorities and Legal Issues and Residential Care#Local Ethics Committees|Local Ethics Committees]]{{·}}[[E. Directing Concerns to Health Authorities and Legal Issues and Residential Care#The BC Care Aide and Community Health Worker Registry|BC Care Aide and Community Health Worker Registry]]{{·}}[[E. Directing Concerns to Health Authorities and Legal Issues and Residential Care#Directing Concerns to External Bodies|Directing Concerns to External Bodies]]{{·}}[[E. Directing Concerns to Health Authorities and Legal Issues and Residential Care#Directing Concerns to Review Boards|Directing Concerns to Review Boards]]{{·}}[[E. Directing Concerns to Health Authorities and Legal Issues and Residential Care#Addressing Systemic Concerns: BC Seniors Advocate|Addressing Systemic Concerns: BC Seniors Advocate]]

*'''[[Chapter Five Resources and Appendix|Chapter Five Resources and Appendix]]

=== Chapter Six - Consent and Capacity === 

*'''[[A. Part 1 Introduction to Consent and Capacity in Residential Care|A. Part 1 Introduction]]
**[[A. Part 1 Introduction to Consent and Capacity in Residential Care#Consent: An Area of Confusion|Consent: An Area of Confusion]]{{·}}[[A. Part 1 Introduction to Consent and Capacity in Residential Care#Mental Capacity to Consent|Mental Capacity to Consent]]{{·}}[[A. Part 1 Introduction to Consent and Capacity in Residential Care#Presumption of Capability|Presumption of Capability]]{{·}}[[A. Part 1 Introduction to Consent and Capacity in Residential Care#Misuses of Presumptions| Misuses of Presumptions]]{{·}}[[A. Part 1 Introduction to Consent and Capacity in Residential Care#How is Capability Determined?|How is Capability Determined?]]{{·}}[[A. Part 1 Introduction to Consent and Capacity in Residential Care#Understanding Tests of Incapability|Understanding Tests of Incapability]]

*'''[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care|B. Part 2 Health Care Consent]]
**[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#The Conditions of Health Care Consent|The Conditions of Health Care Consent]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#Who Must Seek Consent for Health Care?|Who Must Seek Consent for Health Care?]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#What Is Meant by Health Care?|What is Meant by Health Care?]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#Consent Rights|Consent Rights]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#The Consent Process|The Consent Process]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#How Does a Person Give Consent|How Does a Person Give Consent?]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#Exceptions to Requiring Consent|Exceptions to Requiring Consent]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#Health Care at the Margins|Health Care at the Margins]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#Areas of Confusion about Health Care Consent in Residential Care|Areas of Confusion about Health Care Consent in Residential Care]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#Information Rights|Information Rights]]{{·}}[[B. Part 2 Health Care Consent in Consent and Capacity in Residential Care#Exploiting Consent Loopholes|Exploiting Consent Loopholes?]]

*'''[[C. Part 3 Care Planning in Consent and Capacity in Residential Care|C. Part 3 Care Planning]]
**[[C. Part 3 Care Planning in Consent and Capacity in Residential Care#Consent and Care Plans|Consent and Care Plans]]{{·}}[[C. Part 3 Care Planning in Consent and Capacity in Residential Care#Rights Associated with Care Plan Consent|Rights Associated with Care Plan Consent]]{{·}}[[C. Part 3 Care Planning in Consent and Capacity in Residential Care#Advance Care Planning - Advance Care Plan and Advance Care Directives|Advance Care Planning - Advance Care Plan and Advance Care Directives]]{{·}}[[C. Part 3 Care Planning in Consent and Capacity in Residential Care#Consent and Advance Care Directives|Consent and Advance Care Directives]]{{·}}[[C. Part 3 Care Planning in Consent and Capacity in Residential Care#Common Areas of Misunderstanding for Advance Health Care Consent|Common Areas of Misunderstanding for Advance Health Care Consent]]

*'''[[D. Part 4  Personal Care and Consent in Consent and Capacity in Residential Care|D. Part 4  Personal Care and Consent]]
**[[D. Part 4  Personal Care and Consent in Consent and Capacity in Residential Care#What Is Personal Care|What Is Personal Care?]]{{·}}[[D. Part 4  Personal Care and Consent in Consent and Capacity in Residential Care#Determining a Resident’s Capacity to Make Personal Care Decisions|Determining a Resident’s Capacity to Make Personal Care Decisions]]

*'''[[E. Part 5 Other Consent Issues in Consent and Capacity in Residential Care|E. Part 5 Other Consent Issues]]
**[[E. Part 5 Other Consent Issues in Consent and Capacity in Residential Care#Intimacy and Sexual Relations|Intimacy and Sexual Relations]]{{·}}[[E. Part 5 Other Consent Issues in Consent and Capacity in Residential Care#What Constitutes Consent in the Context of Intimacy and Sex|What Constitutes Consent in the Context of Intimacy and Sex]]

*'''[[Chapter Six Resources and Appendix|Chapter Six Resources and Appendix]]

=== Chapter Seven - Substitute Decision-Making ===

*'''[[A. Introduction: A Right to Decide and Residential Care|A. Introduction: A Right to Decide]]

*'''[[B. Types of Substitute Decision-Making and Residential Care|B. Types of Substitute Decision-Making]]
**[[B. Types of Substitute Decision-Making and Residential Care#Statutory Substitutes - Temporary Substitute Decision Makers for Health|Statutory Substitutes - Temporary Substitute Decision Makers for Health]]{{·}}[[B. Types of Substitute Decision-Making and Residential Care#Other Tools by Which People Are Given Authority as Substitutes|Other Tools by Which People Are Given Authority as Substitutes]]{{·}}[[B. Types of Substitute Decision-Making and Residential Care#Court Appointed Substitutes - Adult Guardianship/ Committeeship|Court Appointed Substitutes - Adult Guardianship/ Committeeship]]{{·}}[[B. Types of Substitute Decision-Making and Residential Care#Substitute Decision-Making through Instructions - Advance Care Directives|Substitute Decision-Making through Instructions - Advance Care Directives]]

*'''[[Chapter Seven Resources and Appendix|Chapter Seven Resources and Appendix]]

==About this Wikibook==

*[[About |About ''Legal Issues in Residential Care: An Advocate's Manual'']]
*Learn more about [[Clicklaw Wikibooks]]

==About the BC Centre for Elder Advocacy and Support==

The BC CEAS is a non-profit charitable organization located in British Columbia, Canada. We are committed to:

* Protecting the legal rights of older adults;
* Increasing access to justice for older adults;
* Informing the public about elder abuse; and
* Providing supportive programs for older adults who have been abused.

Find out more at [http://bcceas.ca/ bcceas.ca/]

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