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Difference between revisions of "Contractual Protections in Admission and Transfer"
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Contractual Protections in Admission and Transfer (view source)
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[[File:Review the contract.jpg | left | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]] | [[File:Review the contract.jpg | left | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]] | ||
In a | In a 2013 Guidebook, the provincial government suggested that the admission agreements or contracts are future performance agreements and are regulated under British Columbia‘s Business Practices and Consumer Protection Act ([[{{PAGENAME}}#References|1]])and the Consumer Contracts Regulation. ([[{{PAGENAME}}#References|2]])This may give the public the impression they have certain legal protections in respect of residential care agreements. | ||
In a strict legal sense, the admission agreements or contracts are future performance agreements: the service or final payment is not provided at the time of signing, but will be provided in the near future. However, these agreements have substantive differences from the typical future performance contracts in that the cluster of health and personal “services “ and “goods” provided in residential care are provided on an ongoing basis, may change as the person’s needs change, and can be essential to the person’s wellbeing. Some of the services are funded through government, others are not. | In a strict legal sense, the admission agreements or contracts are future performance agreements: the service or final payment is not provided at the time of signing, but will be provided in the near future. However, these agreements have substantive differences from the typical future performance contracts in that the cluster of health and personal “services “ and “goods” provided in residential care are provided on an ongoing basis, may change as the person’s needs change, and can be essential to the person’s wellbeing. Some of the services are funded through government, others are not. | ||
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==References== | ==References== | ||
#Business Practices and Consumer Protection Act [SBC 2004] c. 2. Online: http://www.bclaws.ca/Recon/document/ID/freeside/04002_00 | #Business Practices and Consumer Protection Act [SBC 2004] c. 2. Online: http://www.bclaws.ca/Recon/document/ID/freeside/04002_00 (Last accessed January 9, 2016) | ||
#BC Government. (2013). Planning for Your Care Needs. Online : http://www.health.gov.bc.ca/library/publications/year/2013/planning-for-your-care-needs.pdf [“Planning Needs”] (Last accessed | #BC Government. (2013). Planning for Your Care Needs. Online : http://www.health.gov.bc.ca/library/publications/year/2013/planning-for-your-care-needs.pdf [“Planning Needs”] (Last accessed January 9, 2016 ). | ||
#Ibid. Planning Needs. | #Ibid. Planning Needs. | ||
{{REVIEWED | reviewer = BC Centre for Elder Advocacy and Support, June 2014}} | {{REVIEWED | reviewer = BC Centre for Elder Advocacy and Support, June 2014}} | ||
{{Legal Issues in Residential Care: An Advocate's Manual Navbox}} | {{Legal Issues in Residential Care: An Advocate's Manual Navbox}} | ||
