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Difference between revisions of "Common Legal Matters in Contracts in Residential Care Admission and Transfer"
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Common Legal Matters in Contracts in Residential Care Admission and Transfer (view source)
Revision as of 22:19, 4 July 2014
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==Signing as a Substitute Decision-Maker (SDM)== | ==Signing as a Substitute Decision-Maker (SDM)== | ||
If the resident is not mentally capable of signing an admission agreement, then a substitute decision-maker may sign on behalf of the resident. The Ministry of Health policy requires the agreement to be in writing.([[Chapter Three Legal Issues in Residential Care References|36]]) However the law does not require a substitute to sign the written agreement in these circumstances. In some instances, the substitute decision-maker may not want to if there are specific clauses in the agreement that cause concern. | If the resident is not mentally capable of signing an admission agreement, then a substitute decision-maker may sign on behalf of the resident. The Ministry of Health policy requires the agreement to be in writing.([[Chapter Three Legal Issues in Residential Care References|36]]) However the law does not require a substitute to sign the written agreement in these circumstances. In some instances, the substitute decision-maker may not want to if there are specific clauses in the agreement that cause concern. | ||
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:''“A facility has no legal basis whatever for refusing admission to an applicant who does not provide a guarantor or co-signer to sign an admission contract. While it may be useful to a facility to obtain the signature of a guarantor, it is of no particular use to the applicant and the applicant cannot in any way be penalized for failure to provide one.”''([[Chapter Three Legal Issues in Residential Care References|37]]) | :''“A facility has no legal basis whatever for refusing admission to an applicant who does not provide a guarantor or co-signer to sign an admission contract. While it may be useful to a facility to obtain the signature of a guarantor, it is of no particular use to the applicant and the applicant cannot in any way be penalized for failure to provide one.”''([[Chapter Three Legal Issues in Residential Care References|37]]) | ||
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==Other Areas== | ==Other Areas== | ||
