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;

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."