Chapter Seven Legal Issues in Residential Care References

References

1. Adapted from Advocacy Centre for the Elderly (ACE), Long Term Care Facility Advocate’s Manual, January 2004. [“ACE, Manual”]
2. ACE, Manual.
3. ACE, Manual.
4. Representation Agreement Act [RSBC 1996] c. 405, s. 3.1. [“RAA”] Last accessed: April 22, 2014.
5. Health Care Consent and Care Facility (Admission) Act, s. 19.91, [“HCCCFA”} Last accessed: April 22, 2014.
6. ACE, Manual.
7. Health Care (Consent) and Care Facility (Admission) Act [RSBC 1996] c. 181 [ “HCCCFA”]
8. HCCCFAA, s. 16 (2)
9. “Spouse” includes people in “marriage -like relationships”, covering both formalized and common law marriages, as well as same sex marriage-like relationships. HCCCFA, s. 1
10. HCCCFAA, s. 16 (1).
11. HCCCFAA, s. 16 (4).
12. HCCCFAA, s. 16 (3).
13. HCCCFAA, s. S. 17(1).
14. HCCCFA, s. 1 “health care” subsection (b) (ii)
15. HCCCFA, s. 19 (1) (a) (i).
16. HCCCCFA, s. 19 (1) (b).
17. HCCCFA, s. 19 (1) (a) (ii).
18. HCCCFA, s.19 (2).
19. HCCCFA, s. 19 (3). Also NIDUS, Health Care Consent: Restrictions on the Authority of a Temporary Substitute Decision Maker. Online: http://www.nidus.ca/PDFs/Nidus_Info_Restrictions_on_Authority_TSDM.pdf (Last accessed: May 1, 2014).
20. HCCCFAA, s. S. 17 (6).
21. HCCCFAA, s. S. 17 (8).
22. HCCCFA, s. 17 (2.2) (a).
23. HCCCFAA, s. S. 17 (5).
24. HCCCFAA, s. 33 (2) (a).
25. HCCCFAA, s. 33 (2) (b).
26. Health Care Consent Regulation B.C. Reg. 20/2000, as amended, s. 5. [“HCCCFA Reg”]
27. HCCCFAA, s. 33.1.
28. HCCCFAA, s. 16 (4).
29. ACE, Manual.
30. Power of Attorney Act [RSBC 1996]c 370, s. 1 [“POAA”]
31. POAA, s. 12 (2). Adult may make enduring power of attorney unless incapable.\
    1. 12 (1)An adult may make an enduring power of attorney unless the adult is incapable of understanding the nature and consequences of the proposed enduring power of attorney.
    2. (2) An adult is incapable of understanding the nature and consequences of the proposed enduring power of attorney if the adult cannot understand all of the following:
       1. (a) the property the adult has and its approximate value;
       2. (b) the obligations the adult owes to his or her dependants;
       3. (c) that the adult's attorney will be able to do on the adult's behalf anything in respect of the adult's financial affairs that the adult could do if capable, except make a will, subject to the conditions and restrictions set out in the enduring power of attorney;
       4. (d) that, unless the attorney manages the adult's business and property prudently, their value may decline;
       5. (e) that the attorney might misuse the attorney's authority;
       6. (f) that the adult may, if capable, revoke the enduring power of attorney;
       7. (g) any other prescribed matter.
32. POAA, s. 17 (1).
33. POAA, s. s27 (1).
34. Online: www.nidus.ca (Last accessed: May 1, 2014).
35. The enduring power of attorney or a representation agreement for property is suspended if the person granting the power has been “certified” under the Patient Property Act. [RSBC 1996] c. 349, s. 19.1.
36. POAA, s. 30 (4) (b). For some people, the duties may continue but only under other legal authority, e.g. as executor of will, administrator of the estate, representative grant.
37. POAA, s. 28.
38. POAA, s. 31 (3).
39. POAA, s. 35 (2).
40. POAA, s. 35.
41. POAA, s. 35 (1).
42. POAA, s. 29 (2) (d) (i).
43. POAA, s.29 (2) (d).
44. POAA, s. 34 (2) (a).
45. POAA, s. 34 (2) (c ) (i).
46. POAA, s. 34 (2) (b).
47. POAA, s. 34 (2).
48. POAA, s. 34 (3).
49. Adult Guardianship Act [RSBC 1996] c. 6 [“AGA”]
50. Patients Property Act, [RSBC 1996] c. 349. {“PPA”]
51. Goodrich v. British Columbia (Registrar of Land Titles), [2004] BCCA 100
52. Adult Guardianship and Planning Statutes Amendment Act, 2007, Bill 29.
53. Canadian Bankers Association. Consumer Information. “Protecting yourself from financial abuse”. Online: http://www.cba.ca/en/consumer-information/92-protecting-yourself-from-financial-abuse/695-powers-of-attorney-bank-requirements {“CBA, 1”] (Last accessed: May 1, 2014).
54. Canadian Bankers Association. Preventing Financial Abuse. Online: http://www.cba.ca/contents/files/misc/msc-preventing-finabuse-print-en.pdf [“CBA, 2”] (Last accessed: May1, 2014).
55. CBA, 2, ibid.
56. L. Beachell, of the Council of Canadians with Disabilities, comment in Tomlinson, K. (Nov. 12, 2012). “RBC blocks housebound senior from getting her money .” CBC News. Online: http://www.cbc.ca/news/canada/british-columbia/rbc-blocks-housebound-senior-from-getting-her-money-1.1210222 (Last accessed: May 1, 2014).
57. POAA, s. 19(1).
58. POAA, s. 19(1).
59. POAA, s.19.
60. POAA, s. 19.
61. POAA, c.370, 19 (3) (c).
62. POAA, s.19 (3).
63. There is an exception made where the individual working the facility is a child, parent or spouse of the adult.
64. POAA, s. 32 (1) (a) and (b); also, s. 32 (2).

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by BC Centre for Elder Advocacy and Support, June 2014.

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

(1) The legal principle under which courts are bound to follow the principles established by previous courts in similar cases dealing with similar facts, or (2) the system of justice used in non-criminal cases in all provinces and territories except Quebec.

Something which can be owned. See "chattels" and "real property."

In contract law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year" or "I had a vasectomy two years ago." See "misrepresentation."

The person responsible for carrying out the instructions in a will and wrapping up a deceased person's estate and debts. The lovely feminine form of the word is "executrix," though the masculine form is commonly applied to executrices and executors both. See "estate," "testator," and "will."

In law, all of the personal property and real property that a person owns or in which they have an interest, usually in connection with the prospect or event of the person's death.

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "assisted reproduction," "natural parent" and "stepparent."

Under the Divorce Act, either of two people who are married to one another, whether of the same or opposite genders. Under the Family Law Act, spouse includes married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years and have had a child together. See "marriage" and "marriage-like relationship."