Admission to a Care Home (LTB)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	2418
Page Categories:	[Care Homes (LTB)], [Substitute Decision Makers]
Citation:	Admission to a Care Home (LTB), CLNP 2418, <https://rvt.link/dd>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2024/10/01

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R.R.O. 1990, Reg. 636: GENERAL: under Homes for Special Care Act, R.S.O. 1990, c. H.12

1. In this Regulation,

...

“trustee” means the Public Guardian and Trustee, a guardian of property duly appointed under the Substitute Decisions Act, 1992, an attorney under a continuing power of attorney, a trustee duly appointed under a statute, a will or other instrument. R.R.O. 1990, Reg. 636, s. 1; O. Reg. 376/93, s. 1; O. Reg. 66/00, s. 1; O. Reg. 651/00, s. 1; O. Reg. 329/05, s. 1.

...

26. The administrator of a home for special care shall,

(a) deposit all money received from any resident of the home or from any trustee acting on behalf of such resident in a non-interest bearing account in a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada) or in a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020;

(b) provide a resident, or a trustee acting on behalf of a resident, with a written receipt for all money received for deposit in the trust account to the credit of such resident;

(c) maintain a separate book of account showing all deposits to and withdrawals from the trust account, the name of the resident for whom such deposit or withdrawal is made and the date of each deposit or withdrawal;

(d) in those instances where money received from a resident has been deposited in the trust account, make part or all of the money available to such resident upon the resident providing a written receipt therefor;

(e) in those instances where money received from a trustee on behalf of a resident has been deposited in the trust account, make part or all of the money available to such resident only in accordance with the written instructions of the trustee;

(f) with respect to each resident on whose behalf money is deposited in the trust account to the credit of such resident, retain in possession for a period of not less than six years,

(i) the deposit books, deposit slips, passbooks, monthly statements, cheque books and cancelled cheques applicable to the trust account referred to in clause (a),

(ii) the book of account referred to in clause (c),

(iii) the written receipts referred to in clause (d), and

(iv) the written instructions of the trustee referred to in clause (e), and at any time and from time to time on written demand of a resident, or his or her authorized agent, or a trustee acting on behalf of a resident, or such trustee’s authorized agent make the foregoing documentation available for inspection at reasonable hours during any business day;

(g) retain every record required to be kept under clause (c) for a period of six years from the date of the making of the record. R.R.O. 1990, Reg. 636, s. 26; O. Reg. 651/00, s. 8; O. Reg. 574/17, s. 1; O. Reg. 135/22, s. 1.

...

33. A person with a serious mental illness may be admitted to a home for special care upon his or her application, the application of a guardian of the person duly appointed under the Substitute Decisions Act, 1992, the application of a person acting under a valid power of attorney for personal care or the application of a lawfully authorized substitute decision-maker, if, immediately before the admission, the person has been assessed and considered eligible for placement by a member of the staff of an organization with whose board the Minister has entered into an arrangement under section 42. O. Reg. 176/12, s. 1.

Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008

38 The Lieutenant Governor in Council may make regulations,

...

(h) governing applications for services and supports or for funding made by or on behalf of persons with developmental disabilities under Part V, including determinations of eligibility for such services and supports and funding and prioritization for services and supports and funding;

...

(l) governing the provision of services and supports by service agencies to, or for the benefit of, persons with developmental disabilities, including the provision of residential services and supports;