Capacity Advocate & Risk Evaluations for Seniors

The College of Occupational Therapists of Ontario COVID-19 Update December 22, 2020 Provincewide Shutdown... What this means for occupational therapists No further restrictions on occupational therapy practice have been announced to date. Occupational therapists and other regulated health professionals may continue to operate, consistent with current guidelines for regulated health professionals. View the College's Return to Work Guidance for OTs. Occupational therapists are reminded to continue to adhere to requirements of provincial Directive 2 and the accompanying COVID-19 Operational Requirements: Health Sector Restart for guiding principles when making decisions about service delivery. Directive 2 requires that health care providers continue to monitor COVID-19 spread in their community and when choosing service delivery models (in-person, virtual or modified services). As a reminder, virtual services are recommended when appropriate. If in-person services are required, occupational therapists need to wear proper personal protective equipment (PPE) at all times. Continued adherence with all public health measures, including handwashing, masking and physical distancing, is expected when at work and in the community.

Exciting progress in adding more housing for the vulnerable.

As a Designated Capacity Assessor and an Elder Abuse Prevention Advocate, I thought I had seen it all. The terrible ways that family, friends, caregivers and support people could treat seniors with mild to moderate dementia. Unfortunately, with COVID a new control mechanism has emerged for residents in LTC, and potentially in Retirement Homes as well. I would love to get your thoughts about it. https://www.linkedin.com//essential-ltc-visitors-capacity-

Thank you again Elder Abuse Prevention Ontario!

To The Hon. Minister Champagne and The Hon. Minister Schulte, I am writing to support the International Longevity Centre (ILC) Canada demands for a UN Convention on the Rights of Older Persons in response to horrific human rights violations in the 2020 pandemic. I want to convey, the sense of urgency in addressing this matter and that you act quickly, particularly as the impact of C-19 pandemic numbers continue to rise. Canada has an important leadership role to play in advan...cing the human rights of older adults. Please demonstrate your leadership and support the UN Convention. Attached you will find the ILC letter. Thank you ##HumanRightsDay François-Philippe Champagne; Deb Schulte; Canadian Network for the Prevention of Elder Abuse Elder Abuse Prevention Ontario https://www.linkedin.com//shaunamaceachern_un-convention-o

The UTRA: Protecting Society’s Vulnerable from Unconscionable Transactions By Daniel Paperny, WEL Partners Here’s a Halloween-themed fact pattern for you: say a horde of trick-or-treaters arrive at your front door demanding candy (obviously, this imaginary scene takes place during some normal year, not 2020). You agree to provide one fun size bar to each child, but only on the condition that each recipient agrees to re-pay you with a King Size bar on the first day of e...Continue reading

Good tips for providing services remotely. CARES is available to provide Capacity Assessments and Capacity Evaluations via secure videoconferencing in certain circumstances where valid and results consistent or better with face to face assessments can be achieved. https://perspective.ocswssw.org/top-6-considerations-for-v/

In 2018, the Angus Reid Institute conducted a survey and found that half of Canadians (51%) have no last will and testament in place, while only one-third (35%) have one that is up to date. In other words, half of Canadians are set to have no say in what happens to their assets should they die, and nearly one-in-six have wills but have not kept them up to date.[1] https://welpartners.com//november-is-make-a-will-month-in/

https://welpartners.com//guardianship-weekly-week-6-guard/

RANT Alert - If you are going to work for the LTC Action Line you really ought to know what is supposed to be reported to you! Makes me so upset that the person answering the phone does not think they are responsible for abuse by anyone other than the LTC home / staff itself. "The Long-Term Care Homes Act (s.24) states if a person who has reasonable grounds to suspect abuse has occurred or may occur shall immediately report the suspicion and the information to the Ministry of Health and Long-Term Care Director. The following options for reporting are available: Tel: 1-866-434-0144 (7 days a week, 8:30a.m.-7:00 p.m.)

It simply amazes me that this article is very clearly highlighting some major issues in LTC and the 2nd wave is upon us and they will have recommendations NEXT SPING. This is not rocket science people. Ask any healthcare worker and you will hear what the issues are - overcrowding, staff shortages and lack of supplies. The supplies have been dealt with but government holds most of the cards with respect to getting more space and attracting more staff to LTC. It is the go...vernment’s funding models and licensing controls keeping low income seniors and the disabled housed like inmates in 4 bed wards and allowing them only minutes of care every day. Raise the bar for care of our most vulnerable and you raise the bar for everyone. ‘The independent commission, led by the Superior Court's associate chief justice Frank Marrocco, is being held under the Health Protection and Promotion Act and is expected to deliver recommendations by next spring’

It is absolutely INAPPROPRIATE for medical professional to attempt to Declare a person incapable of making all health or personal care decisions. Such a broad declaration and the belief that this gives the attorney of personal care all future decision making power is ERRONEOUS! The law is clear! The law says that people are presumed to be capable of making health care decisions. The health practitioner who is proposing the treatment makes this determination.... A person may be capable of making a decision about one treatment but not another. A person may be capable of making a decision about a treatment at one time but be incapable of making the same decision at a different time. It all depends on the complexity of the particular treatment and the person’s level of capacity at the time. Capacity to make personal care decisions is TIME and DECISION specific. Only a judge can completely remove the legal rights of a person to make any of their own decisions about health or personal care in the future.

Trying to end property guardianship? Appeal finding of incapacity to CCB within 6 months if you think assessor got it wrong. Ask for re-assessment after 6 months if you have gotten better. The reason you want to end guardianship is important!Trying to end property guardianship? Appeal finding of incapacity to CCB within 6 months if you think assessor got it wrong. Ask for re-assessment after 6 months if you have gotten better. The reason you want to end guardianship is important!

Capacity needs to be considered in contracts and real estate transactions: Contracts entered into by a vulnerable or incapable person could be unenforceable due to an unfair power imbalance that induced one of the parties to enter into a contract. Duress Where one of the parties used physical violence or threats to get the other party to enter into the contract. Undue Influence Where someone in a special relationship based on trust and confidence exploits that relatio...nship to induce someone to enter into a contract. This can include relationships of trust with clergy, doctors, parents, spouses and anyone owing a fiduciary responsibility to another. Unconscionability Where there is no threat of physical violence and no special relationship of trust, a contract can still be set aside where a party with greater power induces a weaker party into an unfair bargain. See more

The power of attorney document creates a legal relationship between the grantor and their appointed agent. Within this relationship, the agent is entrusted to make decisions on behalf of the grantor. This article will focus on the agent’s recording keeping responsibilities while acting under a power of attorney for property. Agents acting under a power of attorney for personal care have a different set of recording keeping responsibilities. https://www.svlaw.ca//record-keeping-responsibilities-of-a

While it is not a legal requirement to consult a lawyer when drafting a POA, more and more cases of fraud and theft by POAs have made banks, lawyers and even pension plan payors more suspicious and more likely to try to mitigate the risk of a POA being used inappropriately or challenged later. A Capacity Assessment is being used more frequently to provide evidence of capacity at the time new documents are granted.

All adult are presumed to be capable of making decisions unless there is reasonable grounds to believe that they are incapable.All adult are presumed to be capable of making decisions unless there is reasonable grounds to believe that they are incapable.

COVID and Capacity Assessments - update October 6, 2020 Services that can be effectively provided remotely (online, by telephone or videoconferencing) will be. In-person services will only proceed when the anticipated benefits of the assessment outweighs the risks to the client and the occupational therapist.... Professional judgment and direction from the College of Occupational Therapy and the Ministry of Health will be used to determine whether a face to face visit is necessary or appropriate. All decisions around assessments done face to face or via videoconference will be guided by the foundational principles of proportionality, minimizing harm to patients/clients, equity and reciprocity. Clients and caregivers should minimize the number of non-essential individuals present at the home during a face to face visit and wear a non-medical mask or face covering, if tolerated. The OT will wear a surgical/procedure masks at all times during the entirety of the home visit. Face to face visits will be confined to one area of the home/facility, in close proximity to the main entrance, ideally a kitchen or dining table or office space. Face to face visits will NOT be conducted at facilities/units with confirmed COVID infections or with any client currently on isolation due to symptoms, actual or potential exposure to COVID-19. Please contact us immediately if you develop symptoms or are exposed to COVID-19 ahead of your scheduled visit. Call or text to 705-928-4465.

Q - I just learned my estranged bother took my elderly Dad to change his POA, removing me in secret. What should I do? A - With cases like yours the devil is in the details. There are many questions that need to be explored in order to come up with a plan. - One important question is whether Dad can understand and appreciate what the role and responsibilities of a POA - both now, and when the most recent document was signed. Any medical issues that affect his memory o...r thinking? - What is the exact wording of the POA. Who is named as attorney? Is it joint POA or jointly and severely? Are there any triggering clauses, restrictions or limitations? - Is there any evidence of abuse, fraud or theft or mismanagement of your father’s money? Unpaid bills? No food? Missing items? Verbal or physical altercations? Lack of access to information, supports or family? - Is there any chance that you and your brother could talk to each other and work together in your fathers best interests? Family feuds can be terribly distressing for seniors. The answers to each of these questions will help inform next steps. It might be contacting the hospital, police, lawyer or a designated capacity assessor, maybe all of the above. In some cases a POA may not be valid or Dad might be able to grant a new one. There may be issues with respect to your brothers conduct, or maybe not. It might be necessary to apply for guardianship. Every case is unique. Please call us for help navigating the system.

OCSWSSW COVID-19 Update October 2, 2020 The College strongly advises members to continue, wherever reasonably possible, to provide services by electronic means. The College continues to provide practice support to our members as part of our ongoing mandate of public protection during this unprecedented time. Ontarians including College members must remain vigilant in adhering to health and safety measures to ensure their own safety and that of the clients and communities they serve. We all have a collective responsibility to do our part to reduce the spread of the virus.

October is #OccupationalTherapyMonth! OSOT extends our congratulations and appreciation to all Ontario occupational therapists and the important work they do everyday. Learn about what OSOT is doing to celebrate #OTMonth at www.osot.on.ca/OTMonth

All of my OT colleagues will undoubtedly recognize the similarities to the OT model of Client Cantered Care. Asking yourself why a person with dementia is reacting a certain way and then adapting your approach or the environment or your plan, in order to revolve around the client is a mechanism I use every day to talk to challenging clients with dementia or mental health issues. So exciting to see this model evolve and expand.

Undue Influence When Is a Will or Power of Attorney Considered "Unduly Influenced"? Undue influence can cause a vulnerable person such as an elderly person or individual with cognitive impairment to change his or her will or power of attorney. Skilled manipulators may get the elderly person to do their bidding and move away from their natural inclination to provide to or choose certain individuals. Undue influence is the pressure that one person may impose on another that overcomes their will. In many instances involving undue influence, the person influencing the other has a special relationship. This may be a family relationship, lawyer relationship, agency relationship or caretaker. This special relationship creates an opportunity that the person will be more active in drafting the will or power of attorney.

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Ontario’s Substitute Decisions Act (SDA) governs the appointment and removal of an attorney of property and personal care. A court can terminate a power of attorney for property or personal care and appoint a replacement under sections 12(1)(c), 22, 53(1)(b) and 55 of the SDA.Ontario’s Substitute Decisions Act (SDA) governs the appointment and removal of an attorney of property and personal care. A court can terminate a power of attorney for property or personal care and appoint a replacement under sections 12(1)(c), 22, 53(1)(b) and 55 of the SDA.

Help! Dad has dementia and just signed a new POA to my sister! A Designated Capacity Assessor can conduct a capacity assessment under sections 22 and 55 of the Substitute Decisions ACT, 1992. That assessment could then be used in order to make application to the court for a guardianship order for property and personal care of the incapable person.

Undue Influence When Is a Will or Power of Attorney Considered "Unduly Influenced"? Undue influence can cause a vulnerable person such as an elderly person or individual with cognitive impairment to change his or her will or power of attorney. Skilled manipulators may get the elderly person to do their bidding and move away from their natural inclination to provide to or choose certain individuals. Undue influence is the pressure that one person may impose on another that overcomes their will. In many instances involving undue influence, the person influencing the other has a special relationship. This may be a family relationship, lawyer relationship, agency relationship or caretaker. This special relationship creates an opportunity that the person will be more active in drafting the will or power of attorney.

I had virtual coffee today with Audrey Miller of Elder Caring Inc. http://www.eldercaring.ca. It was terrific to learn about Elder Caring Inc and the services and support they offer to families of seniors and adults with disabilities. It was really nice to connect with someone with similar passions to my own.