Pension, Mandate & Protective Supervision Flashcards
What are the aspects related to Legal Issues to Quality of life?
Consent
Incapacity
Substitute decision makers; Mandate, Will & Testament, Protective Supervision
Terms (mandatory, Mandator)
What are the consent for legal issues?
Must have legal & mental capacity
Must be voluntary without coercion
Must understand risks vs benefits
Can leave w/ written consent
In what circumstances a patient can be represented by a family member?
Deaf
Mute
Illiterate
Does not speak English or French
When a person is unable to care for themselves or manage their property ?
Illness Handicap Deficit Accident Age related
Describe a Substitute Decision Makers.
Person who makes decisions on your behalf if you are not able make them yourself
Describe a Mandate in Quebec
Official document in which an adult is in full possession of their faculty, designates someone or several people to take care of them & their property in the event that they become temporarily or permanently incapable of doing it for themselves.
Describe the Will & Testament.
3 types are valid: witnessed, notarial, holograph
Legal document that outlines how you want your property to be distributed upon your death
Appoints a liquidator to handle your estate administration & assigns people to care for your dependents (minor or pets)
Describe the Power of Attorney
Legal document which authorizes an individual to manage your assets and perform administrative tasks on your behalf.
Banking
Pay bills
Manage income
How the Curateur Publique achieves his mission?
- Ensuring the protection of property of minors
- informing incapable persons and their legal representatives of all relevant regulations
- Increasing public awareness of the issues of incapacity and providing information on adequately protecting an incapable person.
Describe the 2 categories of a Curatorship
- Private: legal representation can be anyone in your circle of friends or family
- Public: Legal representation is appointed by the Quebec Gouvernment
Describe the Tutorship
Individual or group assigned to protect an incapacitated person
May protect: Person, their property, both
It is reviewed yearly, medical and psychological assessments are done to maintaine, modify, abolish(legal age)
Describe Mandatory vs Mandatary
Mandatary is appointed by the Mandator
One person can be assigned both
Oversees your moral, weel-being, properties
Requires homologated to be valid. court may appoint person to protect your interest temporarily
What is the role of a Representative?
Defend their interest
Ensure their rights are respected
Comply with their wishes
Preserve their autonomy, privacy and dignity
What are the responsibilites for a Representative?
Make an inventory of their properties Manage their finances Apply for benefits and allowances Avoid conflicts of interest Make sound investments Maintain their personal effects Request the necessary authorizations
What does holographic means?
In patient’s own writing It is a legal document
