From the category archives:

Safety

“Mandate homologation and the opening of a protective regime: psychosocial assessments”

by stephanie on May 3, 2011

What is a Mandate in the Case of Incapacity?

This is a, “document in which a person, known as a mandatory, while in full possession of his faculties, appoints another person, known as the mandatary, to see to his protection or administer his property or both at once, in the event that illness or an accident deprives him of his faculties, either temporarily or permanently.” http://www.curateur.gouv.qc.ca/cura/publications/mandatE.pdfpermanently.

What is the homologation of a Mandate in the Case of Incapacity mean?

It is the legal procedure in which a person’s incapacity is proven by a Court of Law, and the designated mandatary is given the legal authority to act on the mandator’s behalf. Without this legal procedure, the document “as is” does not allow legally for the mandatary to use the authority entrusted to them by the Mandator.

When is it time to homologate a Mandate in the Case of Incapacity?

If your mother, father, spouse, partner, friend, or relative designated you to make decisions for their health care, medical treatment, housing situation, management of their finances, or for any other reason should they not be able to make decisions for themselves, it is recommended that you homologate a Mandate as soon as the mandatary (person who signed the document) is deemed incapacitated. As a mandatary (person named to manage the personal or financial affairs of another), you must have the complete legal authority to make all decisions (personally, medically, and financially) for your loved one. A homologated mandate is the legal step required to ensure that you can manage all aspects of your loved ones’ life without complications.

What are the steps involved to homologate a mandate?

Medical assessment:
A physician (M.D.) must complete a medical form (Report of the Director General – 2A) that outlines the person’s diagnosis and mental capacities. If you do not have a physician who can do this, Erickson Resource Group can refer you to someone.

Psychosocial assessment:
The CLSC social worker or a social worker in private practice can complete the psychosocial assessment for a mandate homologation. Often, the wait at the CLSC is between 5-8 months. Check with your local CLSC to assess the wait times. Erickson Resource Group can complete the psychosocial evaluation and report within 10 business days. An expedited service is available for urgent cases. Please phone Erickson Resource Group to learn more about the specific steps and fees involved in this process.

Both of these reports are given to a notary or an attorney for filing with the court. Please contact your notary or attorney for further information regarding the specific legal steps and fees involved. If you do not know a notary or attorney who specializes in this area of practice, please contact Erickson Resource Group and we can refer you to a notary.

What could happen if the Mandate is not homologated?

What if you need to sell you loved ones’ home but they are no longer competent to sign the necessary documents? What if you need to make changes to your loved one’s pension? Change an address? Change an investment account? None of this can be done without a homologated mandate. You may have been acting on the mandator’s behalf without a homologated mandate and have not had complications. However, if you are questioned by a financial or governmental institution and the Mandate is not homologated, financial accounts could be “frozen” until such time that the Mandate has been homologated. This could create delays of up to 6 months for family members.

What is a protective regime?

If someone did not take the steps to sign a Mandate in the Case of Incapacity, and it is felt that they require protection or assistance, someone can apply to the government to represent this person in financial and personal matters. There are different levels of protective regime. Please refer to the following link on the government website to learn more. http://www.curateur.gouv.qc.ca/cura/en/majeur/inaptitude/protection/index.html

What are the steps to apply for a private curatorship or private tutorship?

Medical assessment:
A MD must complete a medical form (Report of the Director General – 2A) that outlines the person’s diagnosis and mental capacities. If you do not have a physician to do this, Erickson Resource Group can refer you to someone.

Psychosocial assessment:
The CLSC social worker or a social worker in private practice can complete the psychosocial assessment for a private or public curatorship. Often, the wait at the CLSC is between 5-8 months. Check with your local CLSC to assess the wait times. Erickson Resource Group can complete the psychosocial evaluation and report within 10 business days. An expedited service is available for urgent cases. Please contact Erickson Resource Group to learn more about the specific steps and fees involved in this process.

Both of these reports are given to a notary or attorney for filing with the court. In addition, there is a “family council” that is facilitated by your notary or attorney. Please contact your notary or attorney for further information regarding the specific legal steps and fees involved. If you do not know a notary or attorney who specializes in this area of practice, please contact Erickson Resource Group and we can refer you to a notary.

What could happen if I do not become a private curator or tutor on behalf of my loved one?

What if you need to sell you loved ones’ home but they are no longer competent to sign the necessary documents? What if you need to make changes to your loved one’s pension? Change an address? Change an investment account? None of this can be done without an established protective regime. If this step is not taken until a crisis occurs, the family will experience long time delays and accounts can be frozen in the interim.

Who can help me navigate this process?

Erickson Resource Group can provide the psychosocial assessment for either a homologation of a mandate or for an application for protective regime on a private basis. You may also contact l’Ordre Professionnel des Travailleurs Sociaux du Québec for more information. We also have referrals to many notaries and/or attorneys who can assist you with the legal process. You may also consult the Chambre des Notaries for more information. Erickson Resource Group can refer you to a physician who can assist with the assessment and completion for the required medical form on a private basis. Erickson Resource Group can provide you with guidance and support throughout this process.

How long does this process take?

Erickson Resource Group can complete the psychosocial assessment required within 10 business days after meeting with the client and family. Generally, a ERG social worker can meet with the client and family within a week of receiving the request. An expedited service is also available. If you choose to go with a public agency (CLSC, CHSLD, etc.), there could be delays for up to 6 months. Contact your local government agency for an estimated time frame. ERG provides services in both English and French.

The medical report can also be completed on a private basis and ERG can assist you in connecting with a physician. If you choose to go with a public agency (CLSC, CHSLD, etc.), there could be delays for up to 6 months. Contact your local government agency for an estimated time frame. You can also request that the client’s family doctor complete the required form. ERG can assist you in facilitating this process.

The legal petitioning of the Court cannot occur until both the psychosocial assessment and the medical report are completed and given to the notary or attorney. Once the notary or attorney has these documents, they can petition the Court. Depending on the notary/attorney and the Court delays, the process can take as little as 4 weeks and up to 6 months. There are additional steps required for the opening of a private curatorship or private tutorship.

For more information, contact Stephanie Erickson at Erickson Resource Group at (514) 795-7377.

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Communication and the Exchange of Information with Health Care Professionals

by stephanie on February 23, 2010

written by: Stephanie Erickson, MSW, PSW, LCSW

If you have aging parents, you are most likely concerned about their physical, emotional and cognitive health.  As your parents get older, they will have medical appointment after medical appointment with a variety of medical professionals including doctors, nurses, social workers, physiotherapists, etc.  Your parents may have difficulty remembering the details of each of these appointments, as one specialist blends into another.

It is important for you to keep track of the dates and times of the appointments in order to remind and follow up with your parents.  However, this is not the only information you need to monitor.  The following list contains suggestions on how to record the essential details of your parents’ health so in case of an emergency or hospitalization, you have their full medical history available.

  1. Buy a journal or make an excel spreadsheet that records all of the names, addresses, phone numbers and areas of specialty of each of your parents’ physicians and other health care professionals with whom they have contact.
  2. Include the diagnosis or problem treated by each of these health professionals, as well as the medication(s) prescribed (dose, times of day, etc.)
  3. Document the emergency procedure to contact each of these physicians in a time of crisis as well as their normal office/clinic hours.
  4. Encourage your parents to sign a Consent to Release Information with each professional so you have the legal authority to exchange information.  (See our website for a free form).
  5. Ask your parents to bring a list of questions and concerns to each appointment and to document the answers.  Include your questions on this list. 
  6. Document the pharmacy name and location for each medication prescribed so you can discuss any medication concerns or interactions with the pharmacist.  Make sure your parents sign a Consent to Release Information at each pharmacy.
  7. If possible, use only one pharmacy for all of your parents’ prescriptions for better monitoring by a pharmacist of possible drug interations.
  8. Make a list of all medical diagnosis, medications, surgical history, current treatment regimes, and treating physicians and ask your parents to keep this list in his or her wallet or purse in the case of an emergency.  Place a copy of this form on the refrigerator and near each phone in their home.
  9. Encourage your parents to draft a Mandate, Power of Attorney and/or Living Will so they will be ensured you can act on their behalf  if necessary.

The above information is the basic information needed to assist your parents with their overall health.  It is equally important to organize all of their personal and financial affairs to ensure that you can provide comprehensive support in all aspects of their life when the time approaches. 

For more information or for organizing tools, documents and tips for medical, financial and personal affairs, see our website e-store.

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Long Distance Caregiving: Tips to Managing Your Aging Parents’ Needs

by stephanie on February 15, 2010

Written by: Stephanie Erickson, MSW, PSW, LCSW 

As our parents age, it becomes harder and harder to feel secure that they are safe and healthy in their home.  This becomes even more difficult if we do not live nearby and are unable to “pop in” to make sure they are okay.  We are left to rely on their self-report of their situation. 

If our parents have memory problems, we wonder if they are accurately reporting what is happening.  We may also believe that they are minimizing their struggles for fear that they will be forced out of their home.  Even if our parents live in senior’s community, assisted residence or full care facility, we still worry if they are getting all the care and attention they need.

There are some things we can do from a distance to increase our full understanding of their situation, to improve the communication we have with them, and to manage the risks inherent in long distance (and close distance) caregiving.  All of these suggestions can be done via the internet and phone.

  1. Ask your parent to sign a consent to release information from all of their health care providers so that you can gather collateral information about their functioning.  Get a list of the names and phone numbers of these individuals.
  2. Encourage your parent to complete a power of attorney at all of their financial institutions so you can monitor their management of money.  Make sure to tell them that you do not plan on taking over; you just want to oversee to ensure they are not being taken advantage of by another and if they have questions, you can assist them. 
  3. Encourage your parent to draft a Mandate/Living Will/Durable Power of Attorney for Health Care so you have the legal authority to make decisions and manage their finances if they become unable to do so.
  4. Ask your parent to list all of their utility providers, their mortgage carrier, car insurance, etc. and account numbers and to give these facilities authorization to share information with you so if they are confused about their accounts, you can assist them.  (See our website for a complete list). 
  5. Arrange for automatic bill pay where applicable.
  6. Ask your parents for the location of all important documents (power of attorney, birth certificate, deeds, etc.). 
  7. Obtain LifeLine, Medic Alert, or another type of safety system so that your parent can access help if he/she falls or has another emergency.
  8. Obtain a list of individuals nearby who could stop by your parents’ home if you have an immediate concern (neighbor, friend, relative, etc.)
  9. Obtain a complete and updated list of all medications, prescribed and over-the-counter.
  10. During a visit to your parents, conduct a home safety assessment and make all necessary modifications to the home.  (See our website for a complete list of areas to observe).
  11. Prepare a list of private and community agencies that are available to make visits to your parents for future or immediate reference.
  12. If your parent is at a facility, get the names, phone numbers, and emails of at least two professional staff members (nurse, social worker, etc.) and make contact with them periodically to foster an on-going relationship.
  13. If you can afford it, arrange for a monthly visit from a social worker or nurse to monitor your parents’ safety and report back to you.  The money spent will be worth the peace of mind and may prevent major crises.
  14. Begin a journal of all of the above information, as well as on-going updates about your impressions of their functioning, including specific examples (i.e., my mom called me again to ask about her phone bill; I noticed she has lost weight since our last visit, etc.). 
  15. Monitor the following when you visit: Physical appearance and hygiene, medication administration habits, ambulation risks and falls, home cleanliness and organization, food acquisition and preparation, driving, memory loss, ability to express thoughts, social interaction or isolation, judgment, decision-making, etc.)

For further information and more detailed toolkits that outline each of the above areas in more detail, please refer to our website. http://www.ericksonresource.com/estore/

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Home Safety Checklist for Your Aging Parent

February 8, 2010

Written by: Stephanie Erickson, MSW, PSW, LCSW
It is very scary to know that our parents are living alone in their home as they begin to lose physical and cognitive functioning.  We want to respect their decision to remain autonomous at home for as long as possible so we search for ways to make this happen.  [...]

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