Can someone be forced into a residential and long-term care centre (CHSLD)?

Children and family members often worry about the safety of an aging family member. They will try everything in their power to get their loved one into a residential and long-term care centre or private residence.

More often than not, the aging relative will refuse this option. In the case of a refusal, is it possible to force them into the care home?

Some information to help deepen your understanding of the issue.

ADULT PERSON – SOLELY RESPONSIBLE

Please note that an adult person is the only person responsible for making a decision that will affect them. It is not possible to force a person to leave their home against their will.

This action would contradict the person’s “right to inviolability, integrity, autonomyand self-determination”.

Obviously, it’s different when this person becomes unable to take care of themselves(health) or to manage their property for health reasons (illness, disability).

WHEN SOMEONE IS UNFIT

What is incapacity? It is a person who is unable to take care of themselves and/or their property. This condition may then constitute grounds for the person moving to a long-term care home or private residence.

There are two assessments needed to determine incapacity:

• Psychosocial assessment
• Medical assessment

These assessments are used to determine the incapacity and then to qualify the degree of the incapacity. If the person is declared unfit, those around this person can:

• Seek protective supervision
• Have the mandate approved in case of incapacity prepared by the principal.

This process is intended to ensure that responsibilities are assigned to the principal or the trustee, who will make decisions regarding the client’s health and property.

Related links:

• • How to manage the assets of parent transitioning toward a senior’s home
    

Need more information about this particular subject? You can call one of the following resources:

• • • Inform’elle’s legal information line at 450 443-8221 or toll-free in Montérégie 1 877 443-8221
    • Ask for advice from a practicing lawyer or notary.

Article source: Bel âge