Terms in Admission Agreements and Contracts in Residential Care

Legal Issues in Residential Care: An Advocate's Manual
This page is from the wikibook Legal Issues in Residential Care: An Advocate's Manual. See the full contents.
Introduction
Introduction and Forward Acknowledgements
Chapters
1. Statutory Framework · Overview · Legal Framework · Other Key Laws and Regulations · Chapter One Resources and Appendix
2. Residents' Bill of Rights · Understanding the Bill of Rights · The Key Provisions · Protecting and Enforcing Rights
3. Legal Issues in Admission and Transfer · Introduction to Admission and Transfer · Admission to the Residential Care Facility · Terms in Admission Agreements and Contracts · Common Legal Matters in Contracts · Contractual Protections · Consenting to Admission to a Care Facility · First Appropriate Bed Policy · Advance Care Planning · Care Plans · Admission Process in Special Circumstances · Chapter Three Resources and Appendix
4. Legal Issues when Living in Residential Care · Common Care Issues · Six Pressing Issues · Chapter Four Resources and Appendix
5. Rights, Remedies and Problem Resolution · The Need for Remedies and Resolution · The Basic Recourse Process under CCALA · Starting Points for Problem Resolution · Operator Responsibilities · Directing Concerns to Health Authorities · Directing Concerns to External Bodies · A Final Note on Rights and Remedies · Chapter Five Resources and Appendix
6. Consent and Capacity · Introduction · Health Care Consent · Care Planning · Personal Care and Consent · Other Consent Issues · Chapter Six Resources and Appendix
7. Substitute Decision-Making · Introduction: A Right to Decide · Types of Substitute Decision-Making · Chapter Seven Resources and Appendix
Chapter Resources and Appendices
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
From
BC Centre for Elder Advocacy and Support ‎
v • d • e

Applicants faced with an admission contract should not sign it if they do not understand it. Retaining a lawyer or trained advocate may be appropriate in these circumstances. An admission agreement must not contain clauses that are illegal. The clauses will not be enforceable. People cannot contract out of their human rights and Operators cannot contract out of the legal responsibilities under the Community Care and Assisted Living Act, or other law.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by BC Centre for Elder Advocacy and Support, June 2014.

v • d • e 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

Terms in Admission Agreements and Contracts in Residential Care

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