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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