Written on October 25, 2012 ? 8:12 am | by Jasmine Sweatman
Depending on the age, health, ability and capacity of seniors, the decision about the appropriate type of seniors? accommodation is often a difficult one. ??According to the Advocacy Centre, seniors make up the fastest growing age group in Canada and they face a myriad of issues related to shortages in long-term care homes, the high financial burden of seniors? accommodations and increased health care needs.
On October 23, 2012, I participated in a webinar on the subject of ?Retirement Homes and Assisted Living in Canada? which was sponsored by the Canadian Bar Association and presented by Judith A. Wahl, Advocacy Centre for the Elderly and John Risk, General Counsel, Retirement Home Regulatory Authority. This webinar provided an overview of (1) the range of models and options in retirement living available across Canada, (2) how retirement homes / assisted living are regulated, (3) an examination of the regulatory system in Ontario, and (4) a review of the key legal issues affecting seniors in regards to retirement living.
A retirement home is a tenancy arrangement between the retirement home (landlord) and the senior (tenant) and the retirement home has no obligation to monitor, assess or provide on-going needs for the senior.?? By contrast, a long term care facility is a publicly funded health care facility which is regulated by the province.? As of July 2012, pursuant to the Retirement Homes Act (Ontario), retirement homes must now be licenced and is subject to a mandatory inspection; however the Residential Tenancies Act (Ontario) continues to apply to retirement homes.
The Retirement Homes Regulatory Authority (?RHRA?) is a not-for-profit corporation which is established to administer the Retirement Homes Act (Ontario), to educate the public about retirement homes and their regulation, and to advise the provincial government.? The RHRA provides consumer information guidance and protection tips for seniors in retirement homes, such as:
- Residents? Bill of Rights
- Written agreements required
- Information for residents (posted and available in the retirement home)
- Resident council and the right to establish
- Residential Tenancies Act, rights and obligations
- Complaint handling process
Lesson Learned: Seniors, care-givers and advisors should be aware of agencies like the Advocacy Centre for the Elderly,?the oversight provided by RHRA, as well as seniors? rights afforded under consumer protection laws and various other laws and public policy regulations.?
Until next time,
Jasmine Sweatman / Sophia Dunkley
Tags: capacity, Elder care, elder law, Jasmine Sweatman, Long Term Care, retirement homes, retirement homes act, seniors, Sophia Dunkley, Sweatman Law Firm
Source: http://www.allaboutestates.ca/estate-planning/retirement-homes-assisted-living/
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