Consent to Treatment, Admission to Long-Term Care Home and Community Services

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Consent to Treatment, Admission to Long-Term Care Home and Community Services"

Transcription

1 Consent to Treatment, Admission to Long-Term Care Home and Community Services 4.1 Overview of Consent Provisions Client consent is a critical component of the various pieces of legislation that affect the functions of the Community Care Access Centre (CCAC). The Nursing Homes Act (NHA), the Homes for the Aged and Rest Homes Act (HARHA), the Charitable Institutions Act (CIA), the Long-Term Care Act, 1994 (LTCA) and the Health Care Consent Act, 1996 (HCCA) set out the provisions that the CCAC must follow when obtaining consent from a person or, where the person is incapable, from the person s lawfully authorized substitute decision-maker (SDM) for decisions regarding consent to community service, treatment, and/or admission to a long-term care (LTC) home. A person who makes decisions for another person is called a substitute decision-maker (SDM). All legislative references in this chapter, unless stated otherwise, are to the HCCA. Subsections 4.3 to 4.7 in this manual outline the processes for seeking consent to treatment and subsections 4.8 to 4.10 outline the processes for seeking consent to admission to a LTC home Applicable Legislation Long-Term Care Act, 1994 Section 24 of the LTCA states that Nothing in this Act authorizes an approved agency to assess a person s requirements, determine a person s eligibility or provide a community service to a person without the person s consent. Before the CCAC is authorized to assess a person s requirements, determine eligibility or provide any community service (e.g., homemaking or personal support services), informed consent must be obtained from the person. Subsection 3(1)6 of the LTCA states that a person has the right to give or refuse consent to the provision of any community service. September

2 Under subsection 2(3) of the LTCA, community services are community support services, homemaking services, personal support services and professional services. Each of these services is defined in subsections 2(3) to (7) of the LTCA. Under section 10 of the HCCA, a health practitioner (a defined term under the HCCA) must not administer treatment (also a defined term under the HCCA) and must take reasonable steps to ensure that it is not administered unless he or she is of the opinion that the person is capable with respect to the treatment and the person has given consent. If the person is not capable of giving consent to the treatment, consent must be sought from the person s legally authorized SDM who has the authority to make the decision. Therefore, the CCAC must obtain consent from the person, or the person s SDM, where applicable, to both the assessment for eligibility and if determined to be eligible, the delivery of services. (See subsection #2.2 in this manual for an overview of the LTCA.) Health Care Consent Act, 1996 The HCCA comprehensively deals with the issue of consent to treatment and contains a substitute decision-making scheme to obtain consent to treatment on behalf of persons who are incapable of making a treatment decision. The HCCA also provides a substitute decisionmaking scheme to obtain consent on behalf of persons who are incapable of making decisions about admission to care facilities (LTC homes) and the use of personal assistance services in a LTC home. The HCCA: confirms the right of capable individuals to make informed decisions about treatment; sets out the elements of consent and informed consent to treatment in one piece of legislation that applies to treatment in all settings by health practitioners specified in the HCCA; provides a mechanism to obtain decisions from a SDM for those who, at the time treatment, admission to a LTC home or personal assistance service in a LTC home is proposed or required, are not mentally capable of making the decision on their own behalf; allows persons who are found incapable of consenting to treatment, admission to a LTC home or a personal assistance service in a LTC home to apply to the Consent and Capacity Board to have the finding reviewed; and requires that wishes regarding treatment, admission to a LTC home and personal assistance services expressed by a person while capable and after reaching the 16 years of age, be followed by the SDM when making a decision on behalf of an incapable person. Substitute Decisions Act, 1992 The Substitute Decisions Act, 1992 (SDA) is also relevant when considering decision-making for persons that are incapable of making decisions about their personal care and managing their property. The SDA governs what may happen when a person is not mentally capable of making certain decisions about their own property (including finances) or personal care. September

3 Under the SDA, a person who is capable of doing so may through the following documents appoint a SDM to make decisions on his or her behalf if he or she becomes incapable of making these decisions in the future: Continuing power of attorney for property: a legal document in which a person gives someone else (the attorney(s) for property) the legal authority to make decisions regarding his or her finances (property) if he or she becomes mentally incapable of making those decisions. The power of attorney may provide that it comes into effect on a specified date or when a specified contingency happens (such as when the person becomes incapable of managing property). A person must be at least 18 years old in order to make a continuing power of attorney for property. Power of attorney for personal care: a legal document in which a person gives someone else (the attorney(s) for personal care) the legal authority to make personal care decisions (regarding health care, nutrition, shelter, clothing, hygiene or safety) on his or her behalf if he or she becomes mentally incapable of making decisions about any or all of those matters. A person must be at least 16 years old to make a power of attorney for personal care. A person who is incapable of making decisions about property or personal care may still be capable of making a power of attorney. The person named in the power of attorney to make the decisions is called the attorney ; in this context attorney does not mean a lawyer. The attorney is the SDM for the person when a valid power of attorney becomes effective. There is no legal requirement that a person must appoint an attorney for property or personal care. Where there is no power of attorney document, or there are other circumstances that make appointing a guardian necessary, the SDA sets out the circumstances and procedures for the appointment of a guardian who is authorized to act as the SDM for property or personal care for a person who is mentally incapable. It should not be assumed that attorneys or guardians have the authority to make all personal care or property decisions on behalf of the incapable person. The terms of the power of attorney or the court order appointing the guardian indicate the scope of the SDM s authority to make decisions and any limitations on the authority. The SDA and the HCCA operate in tandem with each other. The SDA provides that the SDM (either the attorney for personal care or guardian for personal care for an incapable person) is required to follow the provisions of the HCCA when making decisions on the incapable person s behalf to which the HCCA applies. Decisions to which the HCCA applies are treatment, admission to a LTC home, and personal assistance services in a LTC home. When an incapable person does not have an SDM under the SDA with the authority to make a decision under the HCCA, the HCCA permits other persons to act as the SDM to make decisions about treatment, admission to a LTC home, and personal assistance services in a LTC home without a court appointment. These other persons are family members, including spouses, a board appointed representative or the Public Guardian and Trustee. See the discussion below for more details about the HCCA. September

4 4.2 Definitions of Terms in the Health Care Consent Act, 1996 Subsection 2(1) of the Health Care Consent Act, 1996 (HCCA) sets out the following definitions: Board means the Consent and Capacity Board. care facility means, (a) an approved charitable home for the aged, as defined in the Charitable Institutions Act, (b) a home or joint home, as defined in the Homes for the Aged and Rest Homes Act, (c) a nursing home, as defined in the Nursing Homes Act, or (d) a facility prescribed by the regulations as a care facility; Note: The care facilities listed above are referred to as long-term care (LTC) homes throughout this manual. At this time there are no regulations prescribing other facilities under (d). course of treatment means a series or sequence of similar treatments administered to a person over a period of time for a particular health problem. health practitioner means, (a) a member of the College of Audiologists and Speech-Language Pathologists of Ontario, (b) a member of the College of Chiropodists of Ontario, including a member who is a podiatrist, (c) a member of the College of Chiropractors of Ontario, (d) a member of the College of Dental Hygienists of Ontario, (e) a member of the Royal College of Dental Surgeons of Ontario, (f) a member of the College of Denturists of Ontario, (g) a member of the College of Dietitians of Ontario, (h) a member of the College of Massage Therapists of Ontario, (i) a member of the College of Medical Laboratory Technologists of Ontario, (j) a member of the College of Medical Radiation Technologists of Ontario, (k) a member of the College of Midwives of Ontario, (l) a member of the College of Nurses of Ontario, (m) a member of the College of Occupational Therapists of Ontario, (n) a member of the College of Optometrists of Ontario, (o) a member of the College of Physicians and Surgeons of Ontario, (p) a member of the College of Physiotherapists of Ontario, (q) a member of the College of Psychologists of Ontario, (r) a member of the College of Respiratory Therapists of Ontario, (s) a naturopath registered as a drugless therapist under the Drugless Practitioners Act, or (t) a member of a category of persons prescribed by the regulations as health practitioners. Note: At this time, there are no regulations that prescribe additional categories of health practitioners. Social workers are not considered health practitioners under the HCCA. September

5 personal assistance service means assistance with or supervision of hygiene, washing, dressing, grooming, eating, drinking, elimination, ambulation, positioning or any other routine activity of living, and includes a group of personal assistance services or a plan setting out personal assistance services to be provided to a person, but does not include anything prescribed by the regulations as not constituting a personal assistance service. plan of treatment means a plan that, (a) is developed by one or more health practitioners, (b) deals with one or more of the health problems that a person has and may, in addition, deal with one or more of the health problems that the person is likely to have in the future given the person's current health condition, and (c) provides for the administration to the person of various treatments or courses of treatment and may, in addition, provide for the withholding or withdrawal of treatment in light of the person's current health condition. treatment means anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other health-related purpose, and includes a course of treatment, plan of treatment or community treatment plan, but does not include, (a) the assessment for the purpose of this Act of a person's capacity with respect to a treatment, admission to a care facility or a personal assistance service, the assessment for the purpose of the Substitute Decisions Act, 1992 of a person's capacity to manage property or a person's capacity for personal care, or the assessment of a person's capacity for any other purpose, (b) the assessment or examination of a person to determine the general nature of the person's condition, (c) the taking of a person's health history, (d) the communication of an assessment or diagnosis, (e) the admission of a person to a hospital or other facility, (f) a personal assistance service, (g) a treatment that in the circumstances poses little or no risk of harm to the person, (h) anything prescribed by the regulations as not constituting treatment. Section 9 provides that, in Part II of the HCCA dealing with treatment, a substitute decisionmaker (SDM) means a person who is authorized under section 20 to give or refuse consent to a treatment on behalf of a person who is incapable with respect to the treatment Capacity and Presumption of Capacity The HCCA states: Capacity s. 4(1) A person is capable with respect to a treatment, admission to a care facility or a personal assistance service if the person is able to understand the information that is relevant to making a decision about the treatment, admission or personal assistance service, as the case may be, and able to appreciate the reasonably foreseeable consequences of a decision or lack of decision. September

6 Presumption of capacity s. 4(2) A person is presumed to be capable with respect to treatment, admission to a care facility and personal assistance services. Exception s. 4(3) A person is entitled to rely on the presumption of capacity with respect to another person unless he or she has reasonable grounds to believe that the other person is incapable with respect to the treatment, the admission or the personal assistance service, as the case may be. Note: The Community Care Access Centre (CCAC) may rely on the presumption that a person has capacity unless reasonable grounds exist to believe otherwise. Capacity with respect to personal care refers to a person s ability to understand information relevant to making decisions about aspects of the person s personal care, such as health care, nutrition, shelter, clothing, hygiene or safety, and ability to appreciate the reasonably foreseeable consequences of a decision or lack of decision. (If the health care decisions are about treatment, admission to a long-term care (LTC) home or personal assistance services for a resident in a LTC home, the HCCA governs the substitute decision-making.) A person may be capable of making decisions about one or more aspects of personal care, but not others. For example, a person may be capable of making decisions about clothing but not health care; a person may be capable of making decisions about health care, but may no longer be capable 1 of making decisions about property (e.g., banking, paying bills, managing investments) and vice versa. It should also be noted that a person who is physically unable to care for himself or herself may be capable of making decisions about personal care Wishes of Capable Person The HCCA states: Wishes s. 5(1) A person may, while capable, express wishes with respect to treatment, admission to a care facility or a personal assistance service. Manner of expression s. 5(2) Wishes may be expressed in a power of attorney, in a form prescribed by the regulations, in any other written form, orally or in any other manner. Later wishes prevail s. 5(3) Later wishes expressed while capable prevail over earlier wishes. 1 Under the SDA, a person is incapable of managing property if the person is not able to understand information that is relevant to making a decision in the management of his or her property or is not able to appreciate the reasonably foreseeable consequences of a decision or lack of decision. September

7 4.2.3 Restraint, Confinement The HCCA does not affect the duty to restrain or confine a person in certain circumstances: s. 7 This Act does not affect the common law duty of a caregiver to restrain or confine a person when immediate action is necessary to prevent serious bodily harm to the person or to others. September

8 4.3 Consent to Treatment The Community Care Access Centre (CCAC) must not administer treatment to a person without the express or implied consent (see subsection #4.3.4 in this manual) of the person who is the subject of the treatment. If the person is incapable of making the decision, the consent of the legally authorized substitute decision-maker (SDM) is required. Legislative references in subsection 4.3 in this manual are all from the Health Care Consent Act, 1996 (HCCA) No Treatment Without Consent s. 10(1) A health practitioner who proposes a treatment for a person shall not administer the treatment, and shall take reasonable steps to ensure that it is not administered, unless, (a) he or she is of the opinion that the person is capable with respect to the treatment, and the person has given consent; or (b) he or she is of the opinion that the person is incapable with respect to the treatment, and the person's substitute decision-maker has given consent on the person's behalf in accordance with this Act). Opinion of Board or court governs s. 10(2) If the health practitioner is of the opinion that the person is incapable with respect to the treatment, but the person is found to be capable with respect to the treatment by the Board on an application for review of the health practitioner s finding, or by a court on an appeal of the Board s decision, the health practitioner shall not administer the treatment, and shall take reasonable steps to ensure that it is not administered, unless the person has given consent Elements of Consent s. 11(1) The following are the elements required for consent to treatment: 1. The consent must relate to the treatment. 2. The consent must be informed. 3. The consent must be given voluntarily. 4. The consent must not be obtained through misrepresentation or fraud Informed Consent s. 11(2) A consent to treatment is informed if, before giving it, (a) the person received the information about the matters set out in subsection (3) that a reasonable person in the same circumstances would require in order to make a decision about the treatment; and (b) the person received responses to his or her requests for additional information about those matters. September

9 s. 11(3) The matters referred to in subsection (2) are: 1. The nature of the treatment. 2. The expected benefits of the treatment. 3. The material risks of the treatment. 4. The material side effects of the treatment. 5. Alternative courses of action. 6. The likely consequences of not having the treatment. Consent is only valid if the person has capacity to make the decision Express or Implied Consent Section 11(4) of the HCCA states consent to treatment may be express or implied. Express consent is consent that is written or spoken. Implied consent occurs when the person whose consent is needed does something that in the circumstances a reasonable person would understand to indicate that the person consents. For example, if a staff member says that they are offering a person a spoonful of cough medicine, and the person opens his or her mouth and swallows the medicine, the person has impliedly consented to take the medicine. In this example, the staff member cannot rely on the implied consent unless the person is capable of making the decision to consent to taking cough medicine Withdrawal of Consent The client, or the SDM if the client is incapable, may withdraw the consent to treatment at any time. The HCCA states: s. 14 A consent that has been given by or on behalf of the person for whom the treatment was proposed may be withdrawn at any time, (a) by the person, if the person is capable with respect to the treatment at the time of the withdrawal; (b) by the person's substitute decision-maker, if the person is incapable with respect to the treatment at the time of the withdrawal Responsibility for Consent to Treatment The health practitioner proposing the particular treatment is responsible for determining whether or not the person is capable with respect to the treatment. The HCCA states: s. 10(1) A health practitioner who proposes a treatment for a person shall not administer the treatment, and shall take reasonable steps to ensure that it is not administered, unless, (a) he or she is of the opinion that the person is capable with respect to the treatment, and the person has given consent; or September

10 (b) he or she is of the opinion that the person is incapable with respect to the treatment, and the person's substitute decision-maker has given consent on the person's behalf in accordance with this Act. September

11 4.4 Capacity to Consent to Treatment Legislative references in subsection 4.4 in this manual are all from the Health Care Consent Act, 1996 (HCCA) Presumption that a Person is Capable The HCCA states in section 4(2) A person is presumed to be capable with respect to treatment, admission to a care facility and personal assistance services. The Community Care Access Centre (CCAC) must presume that a person is capable of making a decision with respect to treatment as defined in the HCCA (i.e., nursing, occupational therapy, physiotherapy, speech-language pathology or dietetics services) unless there are reasonable grounds to believe that the person is not capable. (See Consent to Treatment, subsection #4.3 in this manual.) Capacity to Consent to Treatment Under the HCCA Capacity depends on treatment s. 15(1) A person may be incapable with respect to some treatments and capable with respect to others. Capacity depends on time s.15 (2) A person may be incapable with respect to a treatment at one time and capable at another. Return of capacity s. 16 If, after consent to a treatment is given or refused on a person's behalf in accordance with this Act, the person becomes capable with respect to the treatment in the opinion of the health practitioner, the person's own decision to give or refuse consent to the treatment governs. If, in the opinion of the health practitioner, capacity returns then the person s own decision to give or refuse consent governs. For example, due to an injury or illness, a person may be incapable of making a decision about a surgical intervention. After recovering from surgery, the person s capacity may return. If capacity returns, the capable person makes the decision to give or refuse consent to treatment Information to be Provided by Health Practitioner Information s.17 A health practitioner shall, in the circumstances and manner specified in guidelines established by the governing body of the health practitioner's profession, provide to persons September

12 found by the health practitioner to be incapable with respect to treatment such information about the consequences of the findings as is specified in the guidelines. Health practitioners must follow their professional governing body s guidelines with respect to the information that must be provided to incapable persons about the consequences of the finding of incapacity. The information referred to in section 17 includes advising persons that they have the right to apply to the Consent and Capacity Board (the Board) (see definition of Board in subsection #4.7 in this manual or Appendix #A in this manual) to review the finding of incapacity Treatment Must Not Begin in Certain Circumstances Section 18 of the HCCA deals with circumstances when treatment must not begin for a certain period of time. Treatment must not begin s. 18(1) This section applies if, (a) a health practitioner proposes a treatment for a person and finds that the person is incapable with respect to the treatment; (b) before the treatment is begun, the health practitioner is informed that the person intends to apply, or has applied, to the Board for a review of the finding; and (c) the application to the Board is not prohibited by subsection 32(2). Same s. 18(2) This section also applies if, (a) a health practitioner proposes a treatment for a person and finds that the person is incapable with respect to the treatment; (b) before the treatment is begun, the health practitioner is informed that, (i) the incapable person intends to apply, or has applied, to the Board for appointment of a representative to give or refuse consent to the treatment on his or her behalf, or (ii) another person intends to apply, or has applied, to the Board to be appointed as the representative of the incapable person to give or refuse consent to the treatment on his or her behalf; and (c) the application to the Board is not prohibited by subsection 33(3). (3) In the circumstances described in subsections (1) and (2), the health practitioner shall not begin the treatment, and shall take reasonable steps to ensure that the treatment is not begun, (a) until 48 hours have elapsed since the health practitioner was first informed of the intended application to the Board without an application being made; (b) until the application to the Board has been withdrawn; (c) until the Board has rendered a decision in the matter, if none of the parties to the application before the Board has informed the health practitioner that he or she intends to appeal the Board s decision; or (d) if a party to the application before the Board has informed the health practitioner that he or she intends to appeal the Board s decision, September

13 (i) until the period for commencing the appeal has elapsed without an appeal being commenced, or (ii) until the appeal of the Board s decision has been finally disposed of. Emergency s. 18 (4) This section does not apply if the health practitioner is of the opinion that there is an emergency within the meaning of subsection 25 (1). Note: There are situations where treatment can be provided in an emergency. (See subsection #4.6 in this manual.) September

14 4.5 Consent to Treatment on Behalf of an Incapable Person If a person is incapable of consenting to a treatment, the legally authorized substitute decisionmaker (SDM) may give or refuse consent to the treatment on the person s behalf. Legislative references in subsection 4.5 in this manual are all from the Health Care Consent Act, 1996 (HCCA) Substitute Decision-Maker The SDM for treatment means a person who is authorized under section 20 of the HCCA to give or refuse consent to a treatment on behalf of a person who is incapable with respect to the treatment. (See section 9 of the HCCA.) Information Required by the Substitute Decision-Maker Information s. 22(1) Before giving or refusing consent to a treatment on an incapable person's behalf, a substitute decision-maker is entitled to receive all the information required for an informed consent as described in subsection 11(2). Conflict s. 22(2) Subsection (1) prevails despite anything to the contrary in the Personal Health Information Protection Act, The SDM has the right to receive all the information needed for an informed consent before making treatment decisions Identifying the Substitute Decision-Maker List of persons who may give or refuse consent s. 20(1) If a person is incapable with respect to a treatment, consent may be given or refused on his or her behalf by a person described in one of the following paragraphs: 1. The incapable person's guardian of the person, if the guardian has authority to give or refuse consent to the treatment. 2. The incapable person's attorney for personal care, if the power of attorney confers authority to give or refuse consent to the treatment. 3. The incapable person's representative appointed by the Board under section 33, if the representative has authority to give or refuse consent to the treatment. 4. The incapable person's spouse or partner. 5. A child or parent of the incapable person, or a children's aid society or other person who is lawfully entitled to give or refuse consent to the treatment in the place of the parent. This paragraph does not include a parent who has only a right of access. If a children's aid society or other person is lawfully entitled to give or refuse consent to the treatment in the place of the parent, this paragraph does not include the parent. September

15 6. A parent of the incapable person who has only a right of access. 7. A brother or sister of the incapable person. 8. Any other relative of the incapable person. Note: This above list includes siblings, friends (under 1, 2 or 3), same sex partners or spouses. The list of possible SDMs is ranked in descending order of priority, with 1 being the highest priority. Those persons higher on the list take precedence over those below as long as they meet the requirements of a SDM. A power of attorney for personal care may authorize the attorney to make decisions regarding the incapable person s health care (including treatment, admission to a long-term care (LTC) home, a personal assistance service in a LTC home under the HCCA), nutrition, shelter, clothing, hygiene or safety. The power of attorney may not authorize the SDM to make decisions about all these things: for example, a person may choose to limit the power of attorney to one or more of these areas of personal care, including health care. Similarly, a court appointing a guardian of the person may limit the types of decisions that the guardian has the authority to make. For more information on the authority of an attorney or guardian for personal care, see the Substitute Decisions Act, 1992 (SDA). With respect to the list in subsection 20(1), the HCCA also provides the following: Meaning of spouse s. 20(7) Subject to subsection (8), two persons are spouses for the purpose of this section if, (a) they are married to each other; or (b) they are living in a conjugal relationship outside marriage and, (i) have cohabited for at least one year, (ii) are together the parents of a child, or (iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act. Not spouse s. 20(8) Two persons are not spouses for the purpose of this section if they are living separate and apart as a result of a breakdown of their relationship. Meaning of "partner" s. 20(9) For the purpose of this section, "partner" means, (a) Repealed. (b) either of two persons who have lived together for at least one year and have a close personal relationship that is of primary importance in both persons' lives. Meaning of relative s. 20(10) Two persons are relatives for the purpose of this section if they are related by blood, marriage or adoption. September

16 4.5.4 Requirements of a Substitute Decision-Maker A SDM (as defined the subsection 20(1) of the HCCA and subsection #4.5.3 in this manual) may give or refuse consent only if he or she, Requirements s. 20(2)(a) is capable with respect to the treatment; (b) is at least 16 years old, unless he or she is the incapable person's parent; (c) is not prohibited by court order or separation agreement from having access to the incapable person or giving or refusing consent on his or her behalf; (d) is available; and (e) is willing to assume the responsibility of giving or refusing consent. Meaning of "available" s. 20(11) For the purpose of clause (2)(d), a person is available if it is possible, within a time that is reasonable in the circumstances, to communicate with the person and obtain a consent or refusal Role of the Public Guardian and Trustee No person in subs. (1) to make decision s. 20(5) If no person described in subsection (1) meets the requirements of subsection (2), the Public Guardian and Trustee shall make the decision to give or refuse consent. Conflict between persons in same paragraph s. 20(6) If two or more persons who are described in the same paragraph of subsection (1) and who meet the requirements of subsection (2) disagree about whether to give or refuse consent, and if their claims rank ahead of all others, the Public Guardian and Trustee shall make the decision in their stead. The Public Guardian and Trustee shall make the decision to give or refuse consent to treatment if: there is no person on the list of SDMs set out in subsection 20(1) who meets the requirements of a SDM in subsection 20(2); or there is a disagreement about whether to give consent between or among two or more equally ranking potential substitute decision-makers if their claims rank ahead of all others in the list; for example, two children of the incapable person disagree about the decision and there is no person listed in number 1 through 4 of the list, children being ranked number 5. (See HCCA, subsections 20(5) and (6) and the list of substitute decision-makers in subsection 20(1) or #4.5.3 in this manual.) Principles for Giving or Refusing Consent Prior Capable Wishes The HCCA requires the SDM to make decisions about treatment in accordance with any known wishes applicable to the circumstances that were expressed by the incapable person while September

17 capable and after reaching the age of 16 years. If there are no such wishes, the decisions are required to be made in the best interests of the incapable person. Best interests is a defined term (see subsection #4.5.7 in this manual). In certain circumstances, the SDM or the health practitioner proposing the treatment may apply to the Consent and Capacity Board (the Board) (see definition of Board in subsection #4.7 in this manual or Appendix #A in this manual) for directions about the expressed wishes. Principles for giving or refusing consent s. 21(1) A person who gives or refuses consent to a treatment on an incapable person s behalf shall do so in accordance with the following principles: 1. If the person knows of a wish applicable to the circumstances that the incapable person expressed while capable and after attaining 16 years of age, the person shall give or refuse consent in accordance with the wish. 2. If the person does not know of a wish applicable to the circumstances that the incapable person expressed while capable and after attaining 16 years of age, or if it is impossible to comply with the wish, the person shall act in the incapable person s best interests Principles for Giving or Refusing Consent Best Interests Best interests s. 21(2) In deciding what the incapable person's best interests are, the person who gives or refuses consent on his or her behalf shall take into consideration, (a) the values and beliefs that the person knows the incapable person held when capable and believes he or she would still act on if capable; (b) any wishes expressed by the incapable person with respect to the treatment that are not required to be followed under paragraph 1 of subsection (1); and (c) the following factors: 1. Whether the treatment is likely to, i. improve the incapable person's condition or well-being, ii. prevent the incapable person's condition or well-being from deteriorating, or iii. reduce the extent to which, or the rate at which, the incapable person's condition or well-being is likely to deteriorate. 2. Whether the incapable person's condition or well-being is likely to improve, remain the same or deteriorate without the treatment. 3. Whether the benefit the incapable person is expected to obtain from the treatment outweighs the risk of harm to him or her. 4. Whether a less restrictive or less intrusive treatment would be as beneficial as the treatment that is proposed Consent to Ancillary Treatment s. 23 Authority to consent to a treatment on an incapable person's behalf includes authority to consent to another treatment that is necessary and ancillary to the treatment, even if the incapable person is capable with respect to the necessary and ancillary treatment. September

18 For example, where a SDM has given consent to surgery, the SDM can give consent to pre or post-operative treatment that is necessary or ancillary to the surgery even where the incapable person is capable of making decisions about the pre or post-operative treatment. September

19 4.6 Emergency Treatment Without Consent In emergency circumstances, a person may be incapable of consenting to treatment because the person is unconscious or severely traumatized, or unable to communicate with health practitioners due to a language difficulty, or for some other reason. Section 25 of the Health Care Consent Act, 1996 (HCCA) allows treatment of a person without consent in emergency situations, when the delay required to obtain consent or refusal from either the person or the person s substitute decision-maker (SDM) will prolong the person s suffering or put the person at risk of serious bodily harm. Legislative references in subsection 4.6 in this manual are all from the HCCA Definition of Emergency Under the HCCA Meaning of "emergency" s. 25(1) For the purpose of this section and section 27, there is an emergency if the person for whom the treatment is proposed is apparently experiencing severe suffering or is at risk, if the treatment is not administered promptly, of sustaining serious bodily harm Examination Without Consent In some situations, it may be necessary for a health practitioner to examine a person without consent in order to determine whether or not an emergency exists. The HCCA states: s. 25(4) Despite section 10, an examination or diagnostic procedure that constitutes treatment may be conducted by a health practitioner without consent if, (a) the examination or diagnostic procedure is reasonably necessary in order to determine whether there is an emergency; and (b) in the opinion of the health practitioner, (i) the person is incapable with respect to the examination or diagnostic procedure, or (ii) clauses (3) (b) and (c) apply to the examination or diagnostic procedure. Clauses 25(3)(b) and (c) of the HCCA state: s. 25(3)(b) the communication required in order for the person to give or refuse consent to the treatment cannot take place because of a language barrier or because the person has a disability that prevents the communication from taking place; (c) steps that are reasonable in the circumstances have been taken to find a practical means of enabling the communication to take place, but no such means has been found Emergency Treatment Without Consent: Incapable Person The following provisions apply when the person for whom the emergency treatment is proposed is incapable of making a decision to consent or refuse consent to treatment. The September

20 HCCA states: Emergency treatment without consent: incapable person s. 25(2) Despite section 10, a treatment may be administered without consent to a person who is incapable with respect to the treatment, if, in the opinion of the health practitioner proposing the treatment, (a) there is an emergency; and (b) the delay required to obtain a consent or refusal on the person's behalf will prolong the suffering that the person is apparently experiencing or will put the person at risk of sustaining serious bodily harm. Continuing treatment s. 25(6) Treatment under subsection (2) may be continued only for as long as is reasonably necessary to find the incapable person's substitute decision-maker and to obtain from him or her a consent, or refusal of consent, to the continuation of the treatment. Search s. 25(8) When a treatment is begun under subsection (2) or (3), the health practitioner shall ensure that reasonable efforts are made for the purpose of finding the substitute decisionmaker, or a means of enabling the communication to take place, as the case may be. Return of capacity s. 25(9) If, after a treatment is begun under subsection (2), the person becomes capable with respect to the treatment in the opinion of the health practitioner, the person's own decision to give or refuse consent to the continuation of the treatment governs Emergency Treatment Without Consent: Capable Person The following provisions apply when the person for whom the emergency treatment is proposed is apparently capable of consenting or refusing to consent to treatment. A health practitioner may provide treatment to a capable person in an emergency under certain circumstances set out in the HCCA. Therefore, where those circumstances exist, the CCAC health practitioner may authorize the provision of service which is treatment to a capable person without the person s consent. The HCCA states: Emergency treatment without consent: capable person s. 25(3) Despite section 10, a treatment may be administered without consent to a person who is apparently capable with respect to the treatment, if, in the opinion of the health practitioner proposing the treatment, (a) there is an emergency; (b) the communication required in order for the person to give or refuse consent to the treatment cannot take place because of a language barrier or because the person has a disability that prevents the communication from taking place; (c) steps that are reasonable in the circumstances have been taken to find a practical means of enabling the communication to take place, but no such means has been found; September

21 (d) the delay required to find a practical means of enabling the communication to take place will prolong the suffering that the person is apparently experiencing or will put the person at risk of sustaining serious bodily harm; and (e) there is no reason to believe that the person does not want the treatment. s.25(7) Treatment under subsection (3) may be continued only for as long as is reasonably necessary to find a practical means of enabling the communication to take place so that the person can give or refuse consent to the continuation of the treatment. Search s.25(8) When a treatment is begun under subsection (2) or (3), the health practitioner shall ensure that reasonable efforts are made for the purpose of finding the substitute decisionmaker, or a means of enabling the communication to take place, as the case may be No Treatment Contrary to Expressed Capable Wishes No treatment contrary to wishes s. 26 A health practitioner shall not administer a treatment under section 25 if the health practitioner has reasonable grounds to believe that the person, while capable and after attaining 16 years of age, expressed a wish applicable to the circumstances to refuse consent to the treatment. Despite section 25 of the HCCA, emergency treatment without consent is prohibited when the health care practitioner has reasonable grounds to believe that the person expressed a prior capable wish to not have the treatment. An example of this would be the inability of a physician to provide a person of the Jehovah s Witness faith with a blood transfusion if there are reasonable grounds to believe that the person while capable and after attaining the age of 16 years expressed a wish not to have such treatment. A person may carry a card that identifies himself or herself as a Jehovah s Witness and indicates that he or she is not to be given a blood transfusion even for life saving purposes Emergency Treatment Despite Refusal by the SDM If a SDM has refused to consent to emergency treatment on behalf of an incapable person, but the health care practitioner has reason to believe that the SDM has not made the decision in accordance with the required principles for making a decision, the health care practitioner may proceed to administer the emergency treatment. The HCCA states: Emergency treatment despite refusal s. 27 If consent to a treatment is refused on an incapable person's behalf by his or her substitute decision-maker, the treatment may be administered despite the refusal if, in the opinion of the health practitioner proposing the treatment, (a) there is an emergency; and (b) the substitute decision-maker did not comply with section 21. September

22 See section 21 of the HCCA or principles for giving or refusing consent in subsection #4.5.6 in this manual. The required principles are that the SDM s decision must be made in accordance with the incapable person s wishes applicable to the circumstances that were expressed while capable and after reaching the age of 16 years. If there are no such wishes, the decision must be made in accordance with the SDM s determination of the incapable person s best interests as defined in the HCCA Keeping Records Immediately after administering an emergency treatment without consent for a capable person or an incapable person, the health care practitioner must record the reasons for the emergency intervention. The HCCA states: Record s. 25(5) After administering a treatment in reliance on subsection (2) or (3), the health practitioner shall promptly note in the person's record the opinions held by the health practitioner that are required by the subsection on which he or she relied. September

23 4.7 Applications to the Consent and Capacity Board Regarding Treatment The Consent and Capacity Board (the Board) is an independent adjudicative body created to conduct hearings under the Mental Health Act (MHA) and the Health Care Consent Act, 1996 (HCCA). The Board also conducts hearings about consent and capacity issues under the Personal Health Information Protection Act, 2004 (PHIPA). A person who is found by a health practitioner to be incapable with respect to treatment, has the right to have that finding reviewed by the Board. Under the HCCA, there are several applications that can be made to the Board and these include: Application Reference in this Manual Application for review of finding of incapacity #4.7.1 Application for appointment of a representative who will act as the substitute decision-maker (SDM) on behalf of an incapable person Application by a proposed representative to act as the SDM on behalf of an incapable person Application by a SDM or health practitioner for directions regarding wishes expressed about treatment Application by a SDM or health practitioner to obtain permission for the SDM to depart from wishes expressed by the incapable person Application by a health practitioner seeking determination as to whether a SDM complied with principles for giving or refusing consent #4.7.2 #4.7.3 #4.7.5 #4.7.6 #4.7.7 Legislative references in subsection 4.7 in this manual are all from the HCCA Application for a Review of Finding of Incapacity Application for review of finding of incapacity s. 32(1) A person who is the subject of a treatment may apply to the Board for a review of a health practitioner's finding that he or she is incapable with respect to the treatment. Exception s. 32(2) Subsection (1) does not apply to, (a) a person who has a guardian of the person, if the guardian has authority to give or refuse consent to the treatment; September

24 (b) a person who has an attorney for personal care, if the power of attorney contains a provision waiving the person's right to apply for the review and the provision is effective under subsection 50 (1) of the Substitute Decisions Act, Parties s. 32(3) The parties to the application are: 1. The person applying for the review. 2. The health practitioner. 3. Any other person whom the Board specifies. Decision of the Board Regarding Finding of Incapacity Powers of Board s. 32(4) The Board may confirm the health practitioner s finding or may determine that the person is capable with respect to the treatment, and in doing so may substitute its opinion for that of the health practitioner. Restriction on repeated applications s. 32(5) If a health practitioner s finding that a person is incapable with respect to a treatment is confirmed on the final disposition of an application under this section, the person shall not make a new application for a review of a finding of incapacity with respect to the same or similar treatment within six months after the final disposition of the earlier application, unless the Board gives leave in advance. Same s. 32(6) The Board may give leave for the new application to be made if it is satisfied that there has been a material change in circumstances that justifies reconsideration of the person s capacity. Decision effective while application for leave pending s. 32(7) The Board s decision under subsection (5) remains in effect pending an application for leave under subsection (6). If the Board agrees with the health practitioner s finding of incapacity, the person cannot apply for another review regarding the same or similar treatment until six months after the Board s decision, unless the Board gives permission to do so. Subsection 32(6) of the HCCA sets out when the Board would give permission for a further review before six months has elapsed Application for Appointment of Representative by Incapable Person An incapable person may ask the Board to appoint someone to give or refuse consent to a proposed treatment on his or her behalf. Such an application may be made in circumstances where there is no court appointed guardian with the authority to make the decision and the incapable person did not make a power of attorney document while capable of doing so and does not want a family member listed in subsection 20(1) in the HCCA to be the SDM. A September

25 representative appointed by the Board ranks above listed family members. (See list of SDMs in subsection #4.5.3 in this manual.) s. 33(1) A person who is 16 years old or older and who is incapable with respect to a proposed treatment may apply to the Board for appointment of a representative to give or refuse consent on his or her behalf. s. 33(3) Subsections (1) and (2) do not apply if the incapable person has a guardian of the person who has authority to give or refuse consent to the proposed treatment, or an attorney for personal care under a power of attorney conferring that authority Application for Appointment of Representative by Proposed Representative The proposed representative may make the application to the Board to be appointed as the representative: s. 33(2) A person who is 16 years old or older may apply to the Board to have himself or herself appointed as the representative of a person who is incapable with respect to a proposed treatment, to give or refuse consent on behalf of the incapable person. s. 33(3) Subsections (1) and (2) do not apply if the incapable person has a guardian of the person who has authority to give or refuse consent to the proposed treatment, or an attorney for personal care under a power of attorney conferring that authority Appointment of Representative Applicable Provisions The following apply to applications to appoint a representative, as described in subsections #4.7.2 and #4.7.3 in this manual. Parties s. 33(4) The parties to the application are: 1. The incapable person. 2. The proposed representative named in the application. 3. Every person who is described in paragraph 4, 5, 6 or 7 of subsection 20 (1). 4. The health practitioner who proposed the treatment. 5. Any other person whom the Board specifies. Appointment s. 33(5) In an appointment under this section, the Board may authorize the representative to give or refuse consent on the incapable person's behalf, (a) to the proposed treatment; (b) to one or more treatments or kinds of treatment specified by the Board, whenever a health practitioner proposing that treatment or a treatment of that kind finds that the person is incapable with respect to it; or September

Health Care Consent Act

Health Care Consent Act Briefing Note 2005, 2007 College of Physiotherapists of Ontario 2009 Contents Overview...3 Putting the in Context...3 The HCCA in Brief...4 Key Principles Governing Consent to Treatment...4 Key Aspects

More information

Major Features of the Legislation 3 The Health Care Consent Act (HCCA) 3 The Substitute Decisions Act (SDA) 4

Major Features of the Legislation 3 The Health Care Consent Act (HCCA) 3 The Substitute Decisions Act (SDA) 4 PRACTICE guideline Consent Table of Contents Introduction 3 Major Features of the Legislation 3 The Health Care Consent Act (HCCA) 3 The Substitute Decisions Act (SDA) 4 Definitions 4 Basic Facts About

More information

LIST OF SUBSTITUTE DECISION MAKERS WHO MAY GIVE OR REFUSE CONSENT IN RESPECT TO HEALTH CARE MATTERS IF A PERSON IS NOT MENTALLY CAPABLE

LIST OF SUBSTITUTE DECISION MAKERS WHO MAY GIVE OR REFUSE CONSENT IN RESPECT TO HEALTH CARE MATTERS IF A PERSON IS NOT MENTALLY CAPABLE LIST OF SUBSTITUTE DECISION MAKERS WHO MAY GIVE OR REFUSE CONSENT IN RESPECT TO HEALTH CARE MATTERS IF A PERSON IS NOT MENTALLY CAPABLE Introduction By: Judith A. Wahl B.A., LL.B. Advocacy Centre for the

More information

2. Definition of Capacity to Give a Continuing Power of Attorney for Property

2. Definition of Capacity to Give a Continuing Power of Attorney for Property CAPACITY and AUTHORITY OF DECISION MAKERS Summary of Who Determines Capacity in Various Circumstances under the Substitute Decisions Act, Health Care Consent Act, and Mental Health Act and Extent of the

More information

THE ROLE OF AN ATTORNEY FOR PERSONAL CARE

THE ROLE OF AN ATTORNEY FOR PERSONAL CARE THE ROLE OF AN ATTORNEY FOR PERSONAL CARE Introduction The purpose of this fact sheet to explain the important role of an attorney for personal care. It explains what is involved in being an attorney for

More information

MAKING SUBSTITUTE HEALTH CARE DECISIONS

MAKING SUBSTITUTE HEALTH CARE DECISIONS OFFICE OF THE PUBLIC GUARDIAN AND TRUSTEE MAKING SUBSTITUTE HEALTH CARE DECISIONS The Role of the Public Guardian and Trustee The Office of the Public Guardian and Trustee Making Substitute Health Care

More information

A GUIDE TO THE SUBSTITUTE DECISIONS ACT

A GUIDE TO THE SUBSTITUTE DECISIONS ACT A GUIDE TO THE SUBSTITUTE DECISIONS ACT 0-7794-2147-7 Queen s Printer for Ontario, 2000 Introduction to the Guide 03 The Subsitute Decisions Act 06 Some Important Definitions 08 Decisions About Property

More information

L ARCHE ONTARIO REGION MANUAL FOR HELPING PEOPLE WITH INTELLECTUAL DISABILITIES CHOOSE AN ATTORNEY FOR PERSONAL CARE

L ARCHE ONTARIO REGION MANUAL FOR HELPING PEOPLE WITH INTELLECTUAL DISABILITIES CHOOSE AN ATTORNEY FOR PERSONAL CARE L ARCHE ONTARIO REGION MANUAL FOR HELPING PEOPLE WITH INTELLECTUAL DISABILITIES CHOOSE AN ATTORNEY FOR PERSONAL CARE This booklet s purpose is to provide information. It is not legal advice, and should

More information

Attorney/Guardian/Client Memorandum: re Personal Care

Attorney/Guardian/Client Memorandum: re Personal Care Attorney/Guardian/Client Memorandum: re Personal Care The Duties and Powers of a Guardian/ Attorney of the Person The powers and duties of a guardian/attorney of the person are fully set out in the Substitute

More information

PERSONAL HEALTH INFORMATION PROTECTION ACT, 2004: AN OVERVIEW FOR HEALTH INFORMATION CUSTODIANS

PERSONAL HEALTH INFORMATION PROTECTION ACT, 2004: AN OVERVIEW FOR HEALTH INFORMATION CUSTODIANS PERSONAL HEALTH INFORMATION PROTECTION ACT, 2004: AN OVERVIEW FOR HEALTH INFORMATION CUSTODIANS Note: This document provides a general overview of the Personal Health Information Protection Act, 2004,

More information

POWERS OF ATTORNEY FOR PERSONAL CARE

POWERS OF ATTORNEY FOR PERSONAL CARE LEGAL UPDATE Carters Professional Corporation / Société professionnelle Carters Barristers, Solicitors & Trade-mark Agents / Avocats et agents de marques de commerce JANUARY 2005 Editor: Terrance S. Carter

More information

Planning for incapacity using a power of attorney

Planning for incapacity using a power of attorney Advisory Planning for incapacity using a power of attorney It is possible that at some point in our lives we may become incapable of making decisions for ourselves, either temporarily or permanently, due

More information

Understanding Legal Documents for Guardianship, Powers of Attorney and Estates

Understanding Legal Documents for Guardianship, Powers of Attorney and Estates Understanding Legal Documents for Guardianship, Powers of Attorney and Estates Rachel Blumenfeld Jesstina McFadden DISCLAIMER This Coffee Talk presentation is provided as an information service and is

More information

The Health Care Directives and Substitute Health Care Decision Makers Act

The Health Care Directives and Substitute Health Care Decision Makers Act HEALTH CARE DIRECTIVES AND SUBSTITUTE 1 The Health Care Directives and Substitute Health Care Decision Makers Act being Chapter H-0.001* of the Statutes of Saskatchewan, 1997 (effective September 1, 1997)

More information

The College s Complaints

The College s Complaints Determining capacity to consent Guiding physicians through capacity and consent to treatment law THIS GUIDE WAS DEVELOPED BY: The Mini Task Force on Capacity Issues, The Dementia Network of Ottawa MEMBERS

More information

The LTCA sets out the case management function of the CCAC for community services:

The LTCA sets out the case management function of the CCAC for community services: 6.1 Introduction to Case Management The Long-Term Care Act, 1994 (LTCA) assigns specific duties to agencies approved to provide community services. In regulation 33/02 under the Community Care Access Corporations

More information

Tip Sheet # 2 HIERARCHY of Substitute Decision Makers (SDMs) in the Health Care Consent Act

Tip Sheet # 2 HIERARCHY of Substitute Decision Makers (SDMs) in the Health Care Consent Act 2 Carlton Street, Suite 701 Toronto, Ontario M5B 1J3 Tel: (416) 598-2656 Fax: (416) 598-7924 www.acelaw.ca Chair, Board of Directors Timothy M. Banks Lawyers Judith A. Wahl, B.A., LL.B. Rita A. Chrolavicius,

More information

Powers of Attorney. This booklet contains forms for Continuing Power of Attorney for Property and Power of Attorney for Personal Care

Powers of Attorney. This booklet contains forms for Continuing Power of Attorney for Property and Power of Attorney for Personal Care Powers of Attorney This booklet contains forms for Continuing Power of Attorney for Property and Power of Attorney for Personal Care Ministry of the Attorney General NOT FOR SALE Table of Contents Ontario's

More information

GUIDE TO PERSONAL CARE AND PROPERTY. For Older Adults with a Developmental Disability

GUIDE TO PERSONAL CARE AND PROPERTY. For Older Adults with a Developmental Disability 0 GUIDE TO PERSONAL CARE AND PROPERTY For Older Adults with a Developmental Disability 2008 TABLE OF CONTENTS I. OVERVIEW Purpose of the Guide 3 Stories 3 Answers to Questions 3 Personal Care and Property

More information

HEALTH PROFESSIONALS ADVISORY COMMITTEE (HPAC) TERMS OF REFERENCE

HEALTH PROFESSIONALS ADVISORY COMMITTEE (HPAC) TERMS OF REFERENCE 975 Alloy Drive, Suite 201 Thunder Bay, ON P7B 5Z8 Tel: 807-684-9425 Fax: 807-684-9533 Toll Free: 1-866-907-5446 975, Alloy Drive, bureau 201 Thunder Bay, ON P7B 5Z8 Tél : 807-684-9425 Téléc : 807-684-9533

More information

OREGON LAWS 2013 Chap. 5

OREGON LAWS 2013 Chap. 5 CHAPTER 5 AN ACT SB 483 Relating to resolution of matters related to health care; creating new provisions; amending ORS 30.278, 31.250 and 743.056; and declaring an emergency. Be It Enacted by the People

More information

Making Health Care Decisions in North Dakota:

Making Health Care Decisions in North Dakota: Making Health Care Decisions in North Dakota: A Summary of North Dakota Law Regarding Health Care Directives Published by: North Dakota Department of Human Services Aging Services Division 1237 W.Divide

More information

Health Care Directives

Health Care Directives Health Care Directives DUNNING PLACE March 2011 Health Care Directives The purpose of this booklet is to outline briefly the law and practice around health care directives. This booklet is a summary and

More information

OHA BACKGROUNDER Strengthening Home Care Services in Ontario

OHA BACKGROUNDER Strengthening Home Care Services in Ontario July 2009 OHA BACKGROUNDER Strengthening Home Care Services in Ontario Summary of Amendments On July 3, 2009, the Ontario government approved amendments a number of regulations as part of a broader mandate

More information

Canadian Health Insurance

Canadian Health Insurance Case study Canadian Health Insurance tax Guide Guardianship, powers of attorney, trusts and health insurance December 2013 Life s brighter under the sun Sun Life Assurance Company of Canada, 2013. Sun

More information

CCAC Client Services Policy Manual Chapter 11 Admission to Long-Term Care Homes

CCAC Client Services Policy Manual Chapter 11 Admission to Long-Term Care Homes 11.1 Introduction Community Care Access Centres (CCACs) are the designated placement co-ordinators under the Nursing Homes Act (NHA), Charitable Institutions Act (CIA) and Homes for the Aged and Rest Homes

More information

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts. PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 6, 2013. It is intended for information and reference purposes only. This

More information

Department of Health Services

Department of Health Services DIVISION OF PUBLIC HEALTH 1 WEST WILSON STREET P O BOX 2659 Scott Walker MADISON WI 53701-2659 Governor State of Wisconsin 608-266-1251 Dennis G. Smith FAX: 608-267-2832 Secretary TTY: 888-701-1253 Department

More information

NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR HEALTH CARE

NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR HEALTH CARE NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR HEALTH CARE PLEASE READ THIS NOTICE CAREFULLY. The form that you will be signing is a legal document. It is governed

More information

How to Complete This Power of Attorney for Healthcare

How to Complete This Power of Attorney for Healthcare How to Complete This Power of Attorney for Healthcare Overview The attached Power of Attorney for Healthcare form is a legal document, developed to meet the legal requirements of Wisconsin. This document

More information

ILLINOIS Advance Directive Planning for Important Health Care Decisions

ILLINOIS Advance Directive Planning for Important Health Care Decisions ILLINOIS Advance Directive Planning for Important Health Care Decisions CaringInfo 1731 King St., Suite 100, Alexandria, VA 22314 www.caringinfo.org 800/658-8898 CaringInfo, a program of the National Hospice

More information

My Voice. Advance Care Plan

My Voice. Advance Care Plan My Voice Advance Care Plan A message from the Prince Edward Family Health Team... Since its beginning in 2006 the Prince Edward Family Health Team (PEFHT) has been striving to provide comprehensive, accessible

More information

Involuntary Psychiatric Treatment Act

Involuntary Psychiatric Treatment Act Involuntary Psychiatric Treatment Act CHAPTER 42 OF THE ACTS OF 2005 as amended by 2008, c. 8, ss. 38, 39; 2010, c. 41, s. 114; 2014, c. 32, ss. 135, 136 2016 Her Majesty the Queen in right of the Province

More information

MENTAL HEALTH CARE ACT 17 OF 2002

MENTAL HEALTH CARE ACT 17 OF 2002 Page 1 of 46 MENTAL HEALTH CARE ACT 17 OF 2002 [ASSENTED TO 28 OCTOBER 2002] [DATE OF COMMENCEMENT: 15 DECEMBER 2004] (English text signed by the President) as amended by Institution of Legal Proceedings

More information

LAST WILL AND TESTAMENT

LAST WILL AND TESTAMENT LAST WILL AND TESTAMENT WHAT IS A WILL? A will is a legal document prepared during your lifetime to take effect upon your death. IT ALLOWS YOU TO: decide what to do with your Estate rather than have the

More information

SUPPORT AND ASSISTANCE FOR ABUSED AND NEGLECTED ADULTS - ONTARIO

SUPPORT AND ASSISTANCE FOR ABUSED AND NEGLECTED ADULTS - ONTARIO SUPPORT AND ASSISTANCE FOR ABUSED AND NEGLECTED ADULTS - ONTARIO Advocacy Centre for the Elderly February, 2001 In Ontario, support and assistance for abused and neglected adults is reflected in a variety

More information

IT S YOUR CHOICE. Personal Planning Tools

IT S YOUR CHOICE. Personal Planning Tools IT S YOUR CHOICE Personal Planning Tools Important note: The Public Guardian and Trustee is providing this information to introduce you to some legal documents that you can use to plan for a time when

More information

10 LC 38 1047 A BILL TO BE ENTITLED AN ACT

10 LC 38 1047 A BILL TO BE ENTITLED AN ACT House Bill 1178 By: Representatives Scott of the 2 nd, Bearden of the 68 th, and Butler of the 18 th A BILL TO BE ENTITLED AN ACT 1 2 3 4 5 6 7 To amend Chapter 9 of Title 31 of the Official Code of Georgia

More information

Your Mouth - Your Choice! Talk to your friends, family, substitute decision-maker or dentist about your dental advance care plan.

Your Mouth - Your Choice! Talk to your friends, family, substitute decision-maker or dentist about your dental advance care plan. W.I.S.H.F.U.L. thinking: Dental Advance Care Planning Tool Your Mouth - Your Choice! Talk to your friends, family, substitute decision-maker or dentist about your dental advance care plan. It s just a

More information

NEW HAMPSHIRE Advance Directive Planning for Important Health Care Decisions

NEW HAMPSHIRE Advance Directive Planning for Important Health Care Decisions NEW HAMPSHIRE Advance Directive Planning for Important Health Care Decisions CaringInfo 1731 King St., Suite 100, Alexandria, VA 22314 www.caringinfo.org 800/658-8898 CaringInfo, a program of the National

More information

LAST RESORT SUBSTITUTE CONSENT BY CARE PROVIDERS

LAST RESORT SUBSTITUTE CONSENT BY CARE PROVIDERS Form 5 (CCA) CARE CONSENT ACT Sections 13 and 38 LAST RESORT SUBSTITUTE CONSENT BY CARE PROVIDERS I N S T R U C T I O N S This form must be filled out by the care providers who make a substitute decision

More information

The Medical Power of Attorney: What Do I Need to Know?

The Medical Power of Attorney: What Do I Need to Know? The Medical Power of Attorney: What Do I Need to Know? What is a Medical Power of Attorney? A Medical Power of Attorney is a legal instrument that allows you to select the person that you want to make

More information

Your Future, Your Health Power of Attorney for Health Care

Your Future, Your Health Power of Attorney for Health Care CFS 2032-2 12/2010 State of Illinois Department of Children and Family Services Your Future, Your Health Power of Attorney for Health Care As you transition toward independence, it is important for you

More information

A Guide. Personal Health Information Protection Act. to the. December 2004. Ann Cavoukian, Ph.D Commissioner

A Guide. Personal Health Information Protection Act. to the. December 2004. Ann Cavoukian, Ph.D Commissioner A Guide to the Personal Health Information Protection Act December 2004 Information and Privacy Commissioner/Ontario Ann Cavoukian, Ph.D Commissioner Dr. Ann Cavoukian, the Information and Privacy Commissioner

More information

Rule 60A - Child and Adult Protection

Rule 60A - Child and Adult Protection Rule 60A - Child and Adult Protection Scope of Rule 60A 60A.01(1) This Rule is divided into four parts and it provides procedure for each of the following: (c) (d) protection of a child, and other purposes,

More information

Sample Employee Benefit Booklet Describing a Health Spending Account. Benefit Plan Description

Sample Employee Benefit Booklet Describing a Health Spending Account. Benefit Plan Description Sample Employee Benefit Booklet Describing a Health Spending Account Benefit Plan Description Purpose The purpose of this medical and dental benefit plan (Plan) is to assist Members with the financial

More information

For more information about advance care planning, please visit our website at: www.advancecareplanning.ca. e-mail: info@advancecareplanning.

For more information about advance care planning, please visit our website at: www.advancecareplanning.ca. e-mail: info@advancecareplanning. CHPCA and the Advance Care Planning project appreciate and thank their funding partners: Canadian Partnership Against Cancer and The GlaxoSmithKline Foundation. For more information about advance care

More information

APPENDIX 2 HEALTH CARE POWER OF ATTORNEY

APPENDIX 2 HEALTH CARE POWER OF ATTORNEY APPENDIX 2 HEALTH CARE POWER OF ATTNEY A health care power of attorney executed on or after January 1, 2007 must be substantially in the following form (S. C. Code Section 62-5-504 (D): INFMATION ABOUT

More information

Advance Care Planning in relation to Health Care Consent Information session for a Public presentation

Advance Care Planning in relation to Health Care Consent Information session for a Public presentation Advance Care Planning in relation to Health Care Consent Information session for a Public presentation Facilitator Notes Created by the Ontario Health Care Consent and Advance Care Planning Community of

More information

Resolving Concerns Within Alberta s Health System

Resolving Concerns Within Alberta s Health System Resolving Concerns Within Alberta s Health System C O N T E N T S Abuse...2 Alberta Blue Cross Drug Plan...3 Alberta Health Care Insurance Plan...3 Alberta s Health System...3 Alberta Ombudsman...4 Ambulance

More information

WILLS, POWERS OF ATTORNEY, AND HEALTH CARE DIRECTIVES

WILLS, POWERS OF ATTORNEY, AND HEALTH CARE DIRECTIVES WILLS, POWERS OF ATTORNEY, AND HEALTH CARE DIRECTIVES Glossary Administrator Alternate Bequest Capable Codicil Consent Devise Estate Executor A person appointed by the courts to distribute the property

More information

Ohio s Health Care Power of Attorney

Ohio s Health Care Power of Attorney Ohio s Health Care Power of Attorney Provided by COLLEEN M. SWEDYK Medina County Recorder 144 N. Broadway, Room 117, Medina OH 44256 (330) 725-9782 What you should know about a Health Care Power of Attorney:

More information

Technical Assistance Document 5

Technical Assistance Document 5 Technical Assistance Document 5 Information Sharing with Family Members of Adult Behavioral Health Recipients Developed by the Arizona Department of Health Services Division of Behavioral Health Services

More information

Power of Attorney for Health Care For

Power of Attorney for Health Care For Power of Attorney for Health Care For Name: Date of Birth: Address: Telephone: This document is on file at Copies of this document have been given to my health care agent(s) and: 1. 2. 3. 4. 5. Courtesy

More information

ARTICLE 29-C HEALTH CARE AGENTS AND PROXIES

ARTICLE 29-C HEALTH CARE AGENTS AND PROXIES New York State Consolidated Laws Public Health ARTICLE 29-C HEALTH CARE AGENTS AND PROXIES Section 2980. Definitions. 2981. Appointment of health care agent; health care proxy. 2982. Rights and duties

More information

SOUTH CAROLINA Advance Directive Planning for Important Health Care Decisions

SOUTH CAROLINA Advance Directive Planning for Important Health Care Decisions SOUTH CAROLINA Advance Directive Planning for Important Health Care Decisions CaringInfo 1731 King St., Suite 100, Alexandria, VA 22314 www.caringinfo.org 800/658-8898 CaringInfo, a program of the National

More information

NEW JERSEY. Downloaded January 2011

NEW JERSEY. Downloaded January 2011 NEW JERSEY Downloaded January 2011 SUBCHAPTER 4. MANDATORY RESIDENT RIGHTS 8:39 4.1 Resident rights (a) Each resident shall be entitled to the following rights: 1. To retain the services of a physician

More information

OHIO DURABLE POWER OF ATTORNEY FOR HEALTH CARE (Ohio Revised Code 1337.11 to 1337.17)

OHIO DURABLE POWER OF ATTORNEY FOR HEALTH CARE (Ohio Revised Code 1337.11 to 1337.17) OHIO DURABLE POWER OF ATTORNEY FOR HEALTH CARE (Ohio Revised Code 1337.11 to 1337.17) The following Notice to Adult Executing This Document (Durable Power of Attorney for Health Care) is required by Ohio

More information

State of Ohio Advance Directives: Health Care Power of Attorney Living Will Declaration

State of Ohio Advance Directives: Health Care Power of Attorney Living Will Declaration State of Ohio Advance Directives: Health Care Power of Attorney Living Will Declaration I have completed a Health Care Power of Attorney: Yes No. I have added special notes to my Health Care Power of Attorney:

More information

GEORGIA ADVANCE DIRECTIVE FOR HEALTH CARE

GEORGIA ADVANCE DIRECTIVE FOR HEALTH CARE GEORGIA ADVANCE DIRECTIVE FOR HEALTH CARE Revised April 2012 Purpose: In recognizing the right of individuals to (1) control all aspects of his or her personal care and medical treatment, (2) insist upon

More information

Informed Consent in Adults with Developmental Disabilities (DD)

Informed Consent in Adults with Developmental Disabilities (DD) Informed Consent in Adults with Developmental Disabilities (DD) Informed Consent in Adults with Developmental Disabilities (DD) Primary care providers initiate the consent process for a person with DD

More information

GEORGIA ADVANCE DIRECTIVE FOR HEALTH CARE

GEORGIA ADVANCE DIRECTIVE FOR HEALTH CARE Purpose: GEORGIA ADVANCE DIRECTIVE FOR HEALTH CARE In recognizing the right of individuals to (1) control all aspects of his or her personal care and medical treatment, (2) insist upon medical treatment,

More information

ADVANCE MEDICAL DIRECTIVES

ADVANCE MEDICAL DIRECTIVES Advance Directives ADVANCE MEDICAL DIRECTIVES The "Montana Rights of the Terminally Ill Act" (also known as the Montana Living Will Act") allows individuals the maximum possible control over their own

More information

Ohio Legal Rights Service s Durable Power of Attorney for Health Care Form

Ohio Legal Rights Service s Durable Power of Attorney for Health Care Form Ohio Legal Rights Service s Durable Power of Attorney for Health Care Form This form helps you to direct your care should your doctor decide that you lack capacity to make your own medical decisions It

More information

INFORMATION CONCERNING THE MEDICAL POWER OF ATTORNEY

INFORMATION CONCERNING THE MEDICAL POWER OF ATTORNEY INFORMATION CONCERNING THE MEDICAL POWER OF ATTORNEY THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS: Except to the extent you state otherwise,

More information

OREGON LAWS 2014 Chap. 104 CHAPTER 104

OREGON LAWS 2014 Chap. 104 CHAPTER 104 OREGON LAWS 2014 Chap. 104 CHAPTER 104 AN ACT HB 4151 Relating to vulnerable persons; creating new provisions; amending ORS 124.050, 441.373, 441.677, 441.715 and 443.455 and section 23, chapter 70, Oregon

More information

A STEP-BY-STEP GUIDE FOR YOUNG PEOPLE FOR MAKING YOUR OWN HEALTH DECISIONS AND WHAT TO DO WHEN YOU CAN T MAKE YOUR OWN DECISIONS

A STEP-BY-STEP GUIDE FOR YOUNG PEOPLE FOR MAKING YOUR OWN HEALTH DECISIONS AND WHAT TO DO WHEN YOU CAN T MAKE YOUR OWN DECISIONS A STEP-BY-STEP GUIDE FOR YOUNG PEOPLE FOR MAKING YOUR OWN HEALTH DECISIONS AND WHAT TO DO WHEN YOU CAN T MAKE YOUR OWN DECISIONS The Office of the Provincial Advocate for Children & Youth. Copyright 2014.

More information

ACCIDENT BENEFITS: RECENT CHANGES AND DEVELOPMENTS

ACCIDENT BENEFITS: RECENT CHANGES AND DEVELOPMENTS The Law Society of Upper Canada October 18, 2007 ACCIDENT BENEFITS: RECENT CHANGES AND DEVELOPMENTS Richard M. Bogoroch, Melinda J. Baxter and Tripta S. Chandler Bogoroch & Associates REPRESENTING PERSONS

More information

State of Ohio Health Care Power of Attorney of

State of Ohio Health Care Power of Attorney of State of Ohio Health Care Power of Attorney of (Print Full Name) (Birth Date) I state that this is my Health Care Power of Attorney and I revoke any prior Health Care Power of Attorney signed by me. I

More information

Mississippi Advance Health-Care Directive

Mississippi Advance Health-Care Directive Mississippi Advance Health-Care Directive Explanation You have the right to give instructions about your own health care. You also have the right to name someone else to make health-care decisions for

More information

CALIFORNIA PROBATE CODE

CALIFORNIA PROBATE CODE CALIFORNIA PROBATE CODE 4600. Short title This division may be cited as the Health Care Decisions Law. 4603. Definitions governing construction of this division Unless the provision or context otherwise

More information

OFFICE OF THE PUBLIC GUARDIAN AND TRUSTEE POWERS OF ATTORNEY AND LIVING WILLS. Questions and Answers

OFFICE OF THE PUBLIC GUARDIAN AND TRUSTEE POWERS OF ATTORNEY AND LIVING WILLS. Questions and Answers OFFICE OF THE PUBLIC GUARDIAN AND TRUSTEE POWERS OF ATTORNEY AND LIVING WILLS Questions and Answers The Office of the Public Guardian and Trustee Powers of Attorney and Living Wills ISBN 978-1-4249-3918-3

More information

DECLARATION FOR MENTAL HEALTH TREATMENT

DECLARATION FOR MENTAL HEALTH TREATMENT DECLARATION FOR MENTAL HEALTH TREATMENT I, [DECLARANT], being an adult of sound mind, willfully and voluntarily make this declaration for mental health treatment to be followed if it is determined by 2

More information

Guide to Capacity Assessment under the Personal Directives Act

Guide to Capacity Assessment under the Personal Directives Act under the Personal Directives Act Office of the Public Guardian 2 Guide to Capacity Assessment TABLE OF CONTENTS Capacity Assessment under the Personal Directives Act Who should read this guide? What is

More information

Legal Techniques. for. MEDICAL & PERSONAL PLANNING for ALZHEIMER S FAMILIES IN NEW HAMPSHIRE

Legal Techniques. for. MEDICAL & PERSONAL PLANNING for ALZHEIMER S FAMILIES IN NEW HAMPSHIRE Legal Techniques for MEDICAL & PERSONAL PLANNING for ALZHEIMER S FAMILIES IN NEW HAMPSHIRE NH BUREAU OF ELDERLY AND ADULT SERVICES 1-800-351-1888, Extension 9203 HELP LINE TTY/TDD RELAY 1-800-735-2964

More information

02 LC 28 0671-ECS (SCS) The Senate Insurance and Labor Committee offered the following substitute to SB 476: A BILL TO BE ENTITLED AN ACT

02 LC 28 0671-ECS (SCS) The Senate Insurance and Labor Committee offered the following substitute to SB 476: A BILL TO BE ENTITLED AN ACT The Senate Insurance and Labor Committee offered the following substitute to SB : A BILL TO BE ENTITLED AN ACT To provide a short title; to amend Title of the Official Code of Georgia Annotated, relating

More information

Know your medical rights.

Know your medical rights. Know your medical rights. Everyone hopes to stay in good mental and physical health. Because of technological advances, medical treatment options are available that were unimaginable just a few years ago,

More information

A Guide to. Nursing Home Care. Massachusetts Department of Public HeaLth

A Guide to. Nursing Home Care. Massachusetts Department of Public HeaLth A Guide to Nursing Home Care Important Questions That Residents and Families Often Ask Massachusetts Department of Public HeaLth About This Guide As you and your family become part of a nursing home community,

More information

& Care & Choices at the End of Life. Advance Directive. Planning for Important Healthcare Decisions

& Care & Choices at the End of Life. Advance Directive. Planning for Important Healthcare Decisions compassion & choices Care & Choices at the End of Life. Advance Directive Planning for Important Healthcare Decisions District of Columbia Power of Attorney for Healthcare INFORMATION ABOUT THIS DOCUMENT

More information

Your Will. The maker of a Will must be at least 18 years old, of sound mind and free from improper influence.

Your Will. The maker of a Will must be at least 18 years old, of sound mind and free from improper influence. Your Will Who may make a Will? The maker of a Will must be at least 18 years old, of sound mind and free from improper influence. How should a Will be Made? The Will should be written, witnessed and signed

More information

TEXAS DURABLE POWER OF ATTORNEY FOR HEALTH CARE DISCLOSURE STATEMENT CONCERNING THE DURABLE POWER OF ATTORNEY FOR HEALTH CARE

TEXAS DURABLE POWER OF ATTORNEY FOR HEALTH CARE DISCLOSURE STATEMENT CONCERNING THE DURABLE POWER OF ATTORNEY FOR HEALTH CARE TEXAS DURABLE POWER OF ATTORNEY FOR HEALTH CARE DISCLOSURE STATEMENT CONCERNING THE DURABLE POWER OF ATTORNEY FOR HEALTH CARE A DURABLE POWER OF A TTORNEY FOR HEALTH CARE IS AN IMPORT ANT LEGAL DOCUMENT.

More information

ALLOW NATURAL DEATH/WITHHOLDING AND/OR WITHDRAWING L I F E - S U S T A I N I N G T R E A T M E N T / NON-BENEFICIAL CARE AND RESUSCITATION POLICY

ALLOW NATURAL DEATH/WITHHOLDING AND/OR WITHDRAWING L I F E - S U S T A I N I N G T R E A T M E N T / NON-BENEFICIAL CARE AND RESUSCITATION POLICY PURPOSE SUPPORTIVE DATA To specify the parameters within which decisions regarding the withholding and/or withdrawing of life-sustaining treatment/non beneficial care and/or no initiation of cardiopulmonary

More information

Acting Under a Power of Attorney

Acting Under a Power of Attorney Knowledge ~ Compassion ~ Peace of Mind Acting Under a Power of Attorney Two Kinds of Powers of Attorney There are two kinds of Powers of Attorney documents: Power of Attorney for Property; Power of Attorney

More information

TALKING ABOUT YOUR HEALTH CARE CHOICES: ADVANCE DIRECTIVE INFORMATION, FORM AND GUIDELINES

TALKING ABOUT YOUR HEALTH CARE CHOICES: ADVANCE DIRECTIVE INFORMATION, FORM AND GUIDELINES TALKING ABOUT YOUR HEALTH CARE CHOICES: ADVANCE DIRECTIVE INFORMATION, FORM AND GUIDELINES Adults have a right to accept or refuse medical care. You have the legal right to make an advance directive. In

More information

Minnesota Patients Bill of Rights

Minnesota Patients Bill of Rights Minnesota Patients Bill of Rights Legislative Intent It is the intent of the Legislature and the purpose of this statement to promote the interests and well-being of the patients of health care facilities.

More information

Advance Health Care Directive Instructions

Advance Health Care Directive Instructions Advance Health Care Directive Instructions 1) Review the form completely before filling in any section. 2) If possible, name a first agent AND at least one alternative agent (in case something happens

More information

Health Care Proxy Appointing Your Health Care Agent in New York State

Health Care Proxy Appointing Your Health Care Agent in New York State Health Care Proxy Appointing Your Health Care Agent in New York State The New York Health Care Proxy Law allows you to appoint someone you trust for example, a family member or close friend to make health

More information

Became a law March 16, 2010, with the approval of the Governor. Passed by a two-thirds vote.

Became a law March 16, 2010, with the approval of the Governor. Passed by a two-thirds vote. LAWS OF NEW YORK, 2010 CHAPTER 8 AN ACT to amend the public health law, the mental hygiene law and the surrogate's court procedure act, in relation to establishing procedures for making medical treatment

More information

NOTICE TO THE INDIVIDUAL SIGNING THE POWER OF ATTORNEY FOR HEALTH CARE

NOTICE TO THE INDIVIDUAL SIGNING THE POWER OF ATTORNEY FOR HEALTH CARE NOTICE TO THE INDIVIDUAL SIGNING THE POWER OF ATTORNEY FOR HEALTH CARE No one can predict when a serious illness or accident might occur. When it does, you may need someone else to speak or make health

More information

New Mexico Optional Advance Health Care Directive Form EXPLANATION FOR MEMBERS

New Mexico Optional Advance Health Care Directive Form EXPLANATION FOR MEMBERS New Mexico Optional Advance Health Care Directive Form EXPLANATION FOR MEMBERS You have the right to give instructions about your own health care. You also have the right to name someone else to make health

More information

THE BAKER ACT: MENTAL HEALTH

THE BAKER ACT: MENTAL HEALTH CHAPTER 32 THE BAKER ACT: MENTAL HEALTH by George F. Indest III, JD, MPA, LL.M SCOPE This chapter discusses FLorida's Baker Act, the Law which allows the involuntary commitment of individuals who poses

More information

State of Wisconsin Department of Workforce Development Equal Rights Division Labor Standards Bureau

State of Wisconsin Department of Workforce Development Equal Rights Division Labor Standards Bureau State of Department of Workforce Development Equal Rights Division COMPARISON OF FEDERAL AND WISCONSIN FAMILY AND MEDICAL LEAVE LAWS The following comparison of federal and state Family and Medical Leave

More information

Managing Your Property and Personal Affairs

Managing Your Property and Personal Affairs Managing Your Property and Personal Affairs Chapter Health problems at any age can make it difficult for you to manage your property or care for yourself. However, with careful planning you can arrange

More information

Ann Cavoukian, Ph.D.

Ann Cavoukian, Ph.D. School Psychologists: What You Should Know about the Personal Health Information Protection Act Ann Cavoukian, Ph.D. Information and Privacy Commissioner Ontario Psychological Services Northeast Toronto

More information

Advance Directives for Health Care

Advance Directives for Health Care Advance Directives for Health Care & Mental Health Care for ADVANCE HEALTH CARE DIRECTIVE EXPLANATION You have the right to give instructions about your own health care to the extent allowed by law. You

More information

ESTATE PLANNING POWERS OF ATTORNEY

ESTATE PLANNING POWERS OF ATTORNEY À votre service...pour le soin de votre avenir. Depuis 1968. ESTATE PLANNING POWERS OF ATTORNEY E-5 Here for you now... Here for your future. Since 1968. A. Introduction This fact sheet is general information

More information

Mental Capacity Act 2005

Mental Capacity Act 2005 Mental Capacity Act 2005 CHAPTER 9 CONTENTS PART 1 PERSONS WHO LACK CAPACITY 1 The principles The principles Preliminary 2 People who lack capacity 3 Inability to make decisions 4 Best interests 5 Acts

More information

INFORMATION CONCERNING THE MEDICAL POWER OF ATTORNEY

INFORMATION CONCERNING THE MEDICAL POWER OF ATTORNEY INFORMATION CONCERNING THE MEDICAL POWER OF ATTORNEY THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS: Except to the extent you state otherwise,

More information

OREGON Advance Directive Planning for Important Health Care Decisions

OREGON Advance Directive Planning for Important Health Care Decisions OREGON Advance Directive Planning for Important Health Care Decisions Caring Connections 1731 King St., Suite 100, Alexandria, VA 22314 www.caringinfo.org 800/658-8898 Caring Connections, a program of

More information