Consent 101
The presumption of capability is a foundational principle of this Act.
What is the Health Care (Consent) and Care Facility (Admission) Act?
"What is the Adult Guardianship Act?" is also an acceptable response.
Section 13 of this legislation outlines circumstances that constitute a duty to report child safety concerns to the Ministry of Children and Family Development.
What is the Child Family & Community Services Act?
This document, created under a specific Act, allows an adult to appoint someone to make personal and health care decisions on their behalf.
What is a Representation Agreement?
The ReAct line is a phone number members of the public can call to report concerns of adult abuse and neglect. All reports must be investigated per this section 47 of this Act.
What is the Adult Guardianship Act?
Two of the four criteria required to initiate involuntary admission to a facility for psychiatric treatment in BC as per the Mental Health Act.
What are:
1. Risk to self or others
2. Presence of a mental disorder
3. Requires treatment
4. Not suitable for voluntary admission
Two of the 6 essential conditions of informed consent as spelled out in section 6 of the Health Care Consent Act.
What are:
1. Relates to the proposed health care
2. Given voluntarily
3. Not by misrepresentation or fraud
4. The adult is capable
5. The HCP gives all info that a reasonable person would need to be fully informed
6. The adult has the opportunity to ask Qs and receive answers
Under this British Columbia law, a person under age 19 can consent to medical treatment if they understand what the treatment involves and its risks.
What is the Infants Act?
Minor health care decisions and routine day-to-day financial decisions (like paying bills) are covered under this type of Rep Agreement which can be made by someone who does not meet traditional capability requirements.
What is a Rep (section) 7 Agreement?
The two most important questions to try and answer upon investigating a report of possible adult abuse/neglect/self-neglect.
What are:
1. Is the adult experiencing abuse, neglect, or self-neglect?
2. Is the adult capable of seeking support and assistance relative to the abuse, neglect, or self-neglect?
This Act allows a judge to declare a person incapable of managing their personal and financial affairs and to appoint a Committee of person or estate.
What is the Patients Property Act?
When identifying an appropriate temporary substitute decision-maker (TSDM), these are the top 4 people in the hierarchy spelled out in section 16 of the Health Care Consent Act.
Who are:
1. Spouse (including common-law)
2. Adult child
3. Parent
4. Adult sibling
A 1997 supreme court case determined that a fetus is not a "person" in the eyes of the law and therefore does not have any constitutional rights. This is significant because it means that the Child, Family and Community Services Act does not apply to people with this "condition".
What is pregnancy (unless the pregnant person is also caregiver to living children)?
Fraser Health's decision support tool titled "Witnessing Signatures" confirms that FH Social Workers may not sign legal documents as witnesses for client/patients/residents, and is available by searching this frequently referred-to page.
What is The Pulse?
Before enacting this section of the Adult Guardianship Act to provide emergency assistance, consultation with your immediate Supervisor/Coordinator and the Adult Protection Program is required.
What is section 59?
Medical Assistance in Dying is an Act legislated by this level of government.
What is federal?