Why are other organizations giving out wrong information about BC laws?

Q − Why are organizations giving out wrong information about BC laws?

 

Get BC-based education on BC-based legislation – Mark your calendar for PERSONAL PLANNING MONTH events, click here – PPM2017

 

We assume that organizations do not intend to give out misinformation but it creates problems for the public when they do.

For example, Dying with Dignity (DWD) and End of Life Planning Canada (ELPC) have published Advance Care Planning Kits for various Canadian provinces. ELPC has been updating the DWD Advance Care Planning Kits and they are made available on the websites of both organizations. We can NOT recommend their use for BC and possibly not for other provinces as the Kit is based on Ontario. See box below for issues.

 

The problem? The legislation is different for each province.  In order to provide accurate and up-to-date information, individuals or groups need to fully understand the context of the province as well as the specific law. It is very difficult for a national group to do this.

Unfortunately some BC organizations, health authorities and professionals are also providing incorrect or incomplete information on BC laws for personal planning.

 

IMPORTANT UPDATE:   End of Life Planning Canada emailed Nidus on June 23/17 to say that they have removed the BC Kit. Their website says it is under review. We thank them for their attention to this matter.

They also informed us that ELPC is the sole owner of the material and other provincial Kits. We know that DWD provides workshops and webinars in BC and some of their information is not accurate.

 

Some specific problems with the BC Kit by DWD/ELPC – now under review. Some of these issues are common in materials by other groups:

• • Title page of Kit – there is no ‘d’ on the end of Advance Care Planning.
  • The Kit provides an ‘Advance Directive form’ – which does not meet the legal requirements of BC law. The  form in the Kit also includes personal care matters, but in BC law an Advance Directive can only be for health care matters. This is extremely misleading to British Columbians. The DWD/ELP version of an Advance Directive is really a type of living will – not a legal document in Canada.
  • The list for Temporary Substitute Decision Makers (TSDMs) is incomplete. This list applies to people who do not have a Representation Agreement and are determined incapable of informed consent to health care.
  • The Kit refers to the ‘Consent and Capacity Board’ – there is no such thing in BC. This is from Ontario.
  • The Kit mixes up physicians’ orders with patient consent. Consent is an ethical and legal concern – it applies to all life areas, including health care matters. Consent is a patient’s right.

  Some treatments undertaken by nurses must be okayed by a physician. These permissions from a physician are referred to as ‘orders.’ The practice of other health professionals also require the sanction of a physician. These are internal issues about professional practices.

  Orders have nothing to do with consent legislation – in any province – as Nidus discussed with lawyer Judith Wahl formerly of the Ontario Advocacy Centre for the Elderly. Nidus will be publishing more about physicians’ orders (e.g. the DNR/No-CPR from and the MOST form). Sign up for the Nidus Newsletter to stay informed.

  • • The Kit uses the term ‘Representation Agreement for Personal Care’ – there is no such legal term in BC. This is inaccurate and creates confusion. Ontario has a document called ‘Power of Attorney for Personal Care’ – it seems that DWD and ELPC simply replaced the term Power of Attorney with Representation Agreement but this is like mixing apples and oranges!!

 

Misinformation creates confusion and more work in the long run – it does not promote best practice. This topic concerns people’s quality of life – the public deserves the very best!

Personal planning (and its subset, advance care planning) is a dynamic and evolving area of law and practice. It is specialized. Nidus’ involvement spans nearly 25 years!

Organizations likely do not appreciate the depth of knowledge that is required and may lack experience with the context – the expectations, needs, and perspective of the public.

 

Made-in-BC legislation needs BC-based education.

Gone are the days when national (Ontario-based) organizations can be experts on provincial (BC) legislation and issues.

British Columbia’s legislation for health care consent and planning for incapacity and end-of-life (Representation Agreements) is particularly unique as it was created through a grass-roots law reform and partnership with the BC government. See below for links to specific resources.

Nidus was set up by community groups involved in the law reform to be a resource on the new legislation – that is our expertise.

This does not mean BC has nothing to learn from other provinces or countries; but aspects of BC’s legislation are recognized internationally as a model – and Nidus is acknowledged as the driver.

BC’s legal alternative to guardianship (the Representation Agreement section 7) was in force for 8 years and served as a model for the United Nations Convention on the Rights of Persons with Disabilities. This is especially relevant given the aging population and the increased incidence of dementia raising concerns in many parts of the world.

 

Get information about BC law from the experts.

Nidus was established by community groups involved in the grass-roots law reform (including the Alzheimer Society of BC, Council of Senior Citizens Organizations, Disability Alliance, and Inclusion BC) – to be a resource on the BC legislation for health care consent and Representation Agreements.

Nidus is a Latin term for nest: a symbol of support and safety.

Nidus has a Practice Advisory Group made up of experts from various fields, including lawyers, who volunteer their time to help ensure our information is accurate and current.

We have shared our expertise with many groups who want to collaborate. Most recently we helped the Lawyer’s Association and the Law Society of BC to update some of their materials. 

 

RESOURCES

Self-help by Videos

Click for Getting Started

Click to watch Planning for Health and Personal Care

Click to watch Planning for Financial and Legal Affairs

 

Interactive Presentations

Click for a list of free webinars/presentations  (Special topics in October for Personal Planning Month)

 

Self-help by web pages

• For adults who are mentally capable of understanding the nature and effect of planning. You may have a recent diagnosis of a health condition or simply want to be proactive. Plan for incapacity and end-of-life, click for Future Path and link to (RA9) form.

• If you are helping an adult whose mental capability to understand is in question (temporarily or ongoing):

           → click if helping due to disability in adulthood such as severe stroke, advanced dementia or other
               conditions.
           → click if helping due to disability at birth or childhood.

 

Review of other resources

There are some errors or omissions in the My Voice booklet from the Ministry of Health. Nidus was asked to provide details and you can review these in our Videos.

 

Health Care Consent Information

How are health care decisions made if you are incapable of informed consent?

Other HCC Resources – including Your Rights as a Patient, Your Rights to Refuse Health Care and more, Notice Required for Major Health Care.

Read our post “Why does the definition of spouse matter for health care consent?”