Care Plans and Legal Issues in Admission and Transfer

Prospective residents often only have 48 hours in which to decide to accept the admission to the particular facility and to move there. At the time of the new resident’s admission, the Operator may have only limited or out of date information on the new resident. The Residential Assessment Instrument carried out in the community and used to assess needs may have taken place recently, several months or even years ago.

As good standard practice, the Operator is expected to review the resident’s pre-admission and admission documents; the physician's assessment and orders, and other pertinent health assessments. The Operator is also expected to conduct and document an initial assessment of the resident within 24 hours of admission which identifies immediate care needs (e.g. diet and medication); risk factors (e.g. allergies, dysphagia, falls, behaviour); personal preferences; and a contact person.(67)

The Operator must develop and complete an individualized care plan for each resident within thirty days of his or her admission to a care facility. “Care plan” means an individualized plan for the provision of services and support to a person in care that takes into consideration the person’s abilities and physical, social and emotional needs as well as their cultural and spiritual preferences. As part of the development of a comprehensive care plan, issues related to end of life planning and advance directives may be discussed with a resident and his or her family or support persons, and documented. (69) Legal issues related to care plans and case conferences are discussed in the next chapter (Chapter Four “Legal Issues When Living in Residential Care”) and Chapter Six “Capacity & Consent”.

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."

To determine the proper value or worth of something. A lawyer's bill may be assessed by a registrar to determine the actual amount the client should pay. See "appraisal."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

In family law, this usually refers to one party obtaining a part of any property at issue before the property has been finally divided by court order or the parties' agreement, usually in order to help pay for that person's legal fees.