This project considers issues arising out of the implementation of new adult guardianship legislation, in particular the Health Care (Consent) and Care Facility (Admission) Act (the HCCF). This project discusses those issues and also delves into implementation of two other statutes that also came into force as of 28 February 2000: the Representation Agreement Act, and the Adult Guardianship Act. Many of the issues dealt with in the project arose from a lack of common understanding of the provisions in the legislation, and are linked to difficulties with respect to the Public Guardian and Trustee’s (PGT) role as a surrogate decision maker for health care decisions under the HCCF. The project was undertaken out of an arrangement with the PGT for the development of terms of reference for a possible study on healthcare decisions and end-of-life issues.
Keywords: health, patients’ rights, informed consent, medical law, health care decisions, end of life, wills, estates & life planning, guardianship, power of attorney and representation agreements, seniors, disabilities, capacity, doctors, medical practitioners, dispute resolution, legislation, do not resuscitate orders, Stephan Salzberg
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