C.C.S.M. c. M110
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| PART 1
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| INTRODUCTORY PROVISIONS
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| 1
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| Definitions
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| 2
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| Mental competence presumed at age 16
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| 3
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| Meaning of incapacity for personal care
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| PART 2
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| VOLUNTARY ADMISSION
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| 4
| (1)
| Admission as a voluntary patient
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| (2)
| Consent required
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| 5
| (1)
| Patient's right to leave facility
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|
| (2)
| Patient may be detained if danger
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|
| (3)
| Examination within 24 hours
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| 6
| (1)
| Change of patient's status to involuntary
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|
| (2)
| Psychiatric assessment within 72 hours
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|
| (3)
| Certificate
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| PART 3
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| INVOLUNTARY ASSESSMENT AND ADMISSION
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| 7
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| Description of involuntary admission procedures
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| PHYSICIAN'S APPLICATION FOR AN INVOLUNTARY PSYCHIATRIC ASSESSMENT
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| 8
| (1)
| Physician may apply for involuntary psychiatric assessment
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|
| (2)
| Determining competence to consent
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|
| (3)
| Application within 2 days of examination
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|
| (4)
| Content of application
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| 9
| (1)
| Application authorizes detention and assessment
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|
| (2)
| Application valid for 7 days
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| COURT ORDER FOR AN INVOLUNTARY MEDICAL EXAMINATION
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| 10
| (1)
| Justice may order examination by a physician
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|
| (2)
| Reasons
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| (3)
| Procedure
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| 11
| (1)
| Order for an involuntary medical examination
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|
| (2)
| Order to take into custody
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|
| (3)
| Order valid for 7 days
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| PEACE OFFICER'S POWER TO TAKE INTO CUSTODY
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| 12
| (1)
| Peace officer's power to take into custody
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|
| (2)
| Reasonable measures
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| GENERAL REQUIREMENTS FOR INVOLUNTARY EXAMINATIONS AND ASSESSMENTS
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| 13
| (1)
| Examination within 24 hours
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|
| (2)
| Place of examination
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| 14
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| Peace officer's duty to inform patient about examination
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| 15
| (1)
| Peace officer's duty during examination
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|
| (2)
| Exception
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|
| (3)
| Duty to return person
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| INVOLUNTARY PSYCHIATRIC ASSESSMENT AND ADMISSION
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| 16
| (1)
| Involuntary psychiatric assessment
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|
| (2)
| Psychiatrist who applies cannot certify
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|
| (3)
| Duty of psychiatrist to admit or release
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| 17
| (1)
| Requirements for involuntary admission
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|
| (2)
| Determining competence to consent
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| 18
| (1)
| Involuntary admission certificate
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|
| (2)
| Content of certificate
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|
| (3)
| Medical director to examine certificate
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| 19
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| Duration of involuntary admission certificate — 21 days
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| 20
| (1)
| Release if admission requirements not met
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|
| (2)
| Release after 72 hours
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|
| (3)
| Detention under another law
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| RENEWAL CERTIFICATE
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| 21
| (1)
| Renewal certificate
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|
| (2)
| Content of certificate
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|
| (3)
| Duty of medical director
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|
| (4)
| Duration of renewal certificate — 3 months
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|
| (5)
| Patient's status if no renewal certificate issued
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| 22
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| Patient's status on expiry of involuntary admission certificate
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| CHANGE OF PATIENT'S STATUS TO VOLUNTARY
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| 23
| (1)
| Change of status of involuntary patient to voluntary
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|
| (2)
| Change of status certificate
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| CRIMINAL CODE ADMISSION
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| 24
| (1)
| Admission under the Criminal Code
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|
| (2)
| When detention expires under the Criminal Code
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|
| (3)
| Definition of "hospital"
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| TRANSFER FROM A CORRECTIONAL FACILITY
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| 25
| (1)
| Transfer from correctional facility
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|
| (2)
| No discharge of prisoner
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| PART 4
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| TREATMENT DECISIONS
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| PATIENT'S RIGHT TO MAKE TREATMENT DECISIONS
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| 26
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| Right to refuse treatment
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| DETERMINING COMPETENCE
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| 27
| (1)
| Competence to make treatment decisions
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|
| (2)
| Determining competence
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| (3)
| Certificate of incompetence
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|
| (4)
| Notice
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| (5)
| Review of certificate
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| (6)
| Notice
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| (7)
| Duration of certificate
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| TREATMENT DECISIONS BY OTHERS
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| 28
| (1)
| Treatment decisions by others
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|
| (2)
| Person must be available and willing
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|
| (3)
| Requirements for nearest relative
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|
| (4)
| Decisions on patient's behalf
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|
| (5)
| Determining best interests
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| (6)
| Physician may rely on nearest relative's statement
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|
| (7)
| Reasonable inquiries
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|
| (8)
| No onus to inquire into existence of proxy or directive
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| ADMINISTERING TREATMENT
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| 29
| (1)
| No treatment without consent
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|
| (2)
| Exception for psychiatric treatment to prevent harm
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|
| (3)
| Method of psychiatric treatment
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|
| (4)
| Detailed record of psychiatric treatment
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|
| (5)
| Emergency medical treatment
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| REVIEW OF TREATMENT DECISIONS
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| Application by physician
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| 30
| (1)
| Application to review board by physician
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|
| (2)
| Content of application
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| (3)
| Order
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| (4)
| Regard for patient's expressed wishes
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|
| (5)
| Terms and conditions
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|
| (6)
| No treatment if order appealed
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| Application by patient
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| 31
| (1)
| Application to review board by patient
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|
| (2)
| Criteria for order
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| (3)
| Order
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| PART 5
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| INFORMATION AND RECORDS
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| PATIENT'S RIGHT TO INFORMATION
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| 32
| (1)
| General information to patients on admission
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|
| (2)
| Posting the information
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| 33
| (1)
| Duty to inform patient on admission and change of status
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|
| (2)
| Duty to inform treatment decision maker
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|
| (3)
| Duty of medical director to inform others
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|
| (4)
| If language difficulty
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| PATIENT'S RIGHT TO EXAMINE CLINICAL RECORD
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| 34
| (1)
| Definitions
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|
| (2)
| Patient's right to examine and copy clinical record
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|
| (3)
| How to make a request
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| (4)
| Application to review board
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| (5)
| Order by review board
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| (6)
| Severance of information
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| (7)
| Submissions
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| PATIENT'S RIGHT TO CORRECT CLINICAL RECORD
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| 35
| (1)
| Right to request a correction
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|
| (2)
| Written request
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| (3)
| Medical director's response
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| (4)
| Refusal to correct
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| (5)
| Notifying others of a correction or statement of disagreement
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| (6)
| No fee
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| CONFIDENTIALITY OF CLINICAL RECORDS
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| 36
| (1)
| Disclosure prohibited without patient's consent
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|
| (2)
| Disclosure without patient's consent
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|
| (3)
| Limit on amount of information disclosed
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| (4)
| Clinical records kept confidential
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| (5)
| Definition of "health profession"
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| DISCLOSURE OF CLINICAL RECORD UNDER SUBPOENA OR COURT ORDER
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| 37
| (1)
| Disclosure under a subpoena or court order
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|
| (2)
| Statement by attending physician
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|
| (3)
| Hearing by the court
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|
| (4)
| Matters to be considered by court
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| (5)
| Clinical record to be returned
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| NO DISCLOSURE OF INFORMATION BY EMPLOYEES OR OTHERS
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| 38
| (1)
| No disclosure by employees or others
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|
| (2)
| Exception
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| FREEDOM OF INFORMATION ACT DOES NOT APPLY
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| 39
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| Freedom of Information Act does not apply
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| PART 6
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| ADMINISTRATION
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| CERTIFICATE OF INCOMPETENCE TO MANAGE PROPERTY
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| 40
| (1)
| Determining competence to manage property
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|
| (2)
| Considerations
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|
| (3)
| Certificate of incompetence
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|
| (4)
| Notice
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| 41
| (1)
| Effect of certificate: Public Guardian and Trustee as committee
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|
| (2)
| Powers and duties of Public Guardian and Trustee
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| 42
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| Duration of certificate
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| 43
| (1)
| Cancellation if patient regains competence
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|
| (2)
| Notice
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| UNAUTHORIZED ABSENCE FROM A FACILITY
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| 44
| (1)
| Patient absent without permission
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|
| (2)
| Requirements for voluntary patient
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|
| (3)
| Examination on return
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| TRANSFER OF INVOLUNTARY PATIENTS OUT OF AND INTO MANITOBA
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| 45
| (1)
| Transfer of involuntary patients out of Manitoba
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|
| (2)
| Transfer of involuntary patient into Manitoba
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| LEAVE CERTIFICATE
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| 46
| (1)
| Leave certificate
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|
| (2)
| Patient for whom a leave certificate may be issued
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|
| (3)
| Collaborative development of treatment plan
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|
| (4)
| Patient to be informed
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| (5)
| Criteria for issuing a leave certificate
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|
| (6)
| Content of certificate
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| (7)
| Patient's obligations
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| (8)
| Notice to patient and others
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| (9)
| Duration of certificate — 6 months
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| (10)
| Status of patient on leave
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| 47
| (1)
| Review of leave certificate
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| (2)
| If criteria are no longer met
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|
| (3)
| If requirements need amendment
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| 48
| (1)
| Cancellation of leave certificate
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|
| (2)
| Return to facility
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| (3)
| Assessment on return
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| PART 7
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| MENTAL HEALTH REVIEW BOARD
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| 49
| (1)
| Mental Health Review Board
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|
| (2)
| Roster of members
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| (3)
| Panels
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| (4)
| Assigning members to panel
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| (5)
| Quorum
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| (6)
| Voting
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| (7)
| Panel acts as the board
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| (8)
| Persons prohibited as members
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| (8.1)
| Meaning of connected by common-law relationship
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| APPLICATIONS
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| 50
| (1)
| Applications
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|
| (2)
| Application on patient's behalf
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|
| (3)
| Application in prescribed form
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|
| (4)
| Deemed application for long term patients
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|
| (5)
| Deemed application for patients on leave
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| 51
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| Determination to be made as of the day of the hearing
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| 52
| (1)
| Parties
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|
| (2)
| Treatment decision maker a party
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| (3)
| Board may add parties
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| (4)
| Counsel
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| HEARINGS
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| 53
| (1)
| Hearing
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| (2)
| Notice of hearing
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| (3)
| When hearing must begin
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| (4)
| Record of hearing
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| (5)
| Private hearing
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| 54
| (1)
| Parties may examine evidence
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|
| (2)
| Parties may present evidence
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| 55
| (1)
| Powers and duties of the board
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|
| (2)
| Second opinion
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| ORDERS
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| 56
| (1)
| Orders
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|
| (2)
| Notice of order and right to appeal
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|
| (3)
| Written reasons
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| 57
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| Standard of proof
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| 58
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| Patient deemed able to instruct counsel
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| APPEAL TO COURT
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| 59
| (1)
| Appeal to court
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|
| (2)
| Time for appeal
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| (3)
| Powers of court on appeal
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| (4)
| Appeal heard in private
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| PART 8
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| COMMITTEESHIP WITHOUT A COURT ORDER
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| PHYSICIAN'S CERTIFICATE OF INCAPACITY
|
| 60
| (1)
| Physician's certificate of incapacity
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|
| (2)
| Considerations
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|
| (3)
| Certificate of incapacity
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|
| (4)
| Review of certificate
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| (5)
| Director may require information
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| (6)
| Notice of intent to issue an order
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| (7)
| Director to consider any objections
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| ORDER APPOINTING PUBLIC GUARDIAN AND TRUSTEE AS COMMITTEE OF BOTH PROPERTY AND PERSONAL CARE
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| 61
| (1)
| Order appointing Public Guardian and Trustee as committee
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|
| (2)
| Exception
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|
| (3)
| Notice to the Public Guardian and Trustee
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| (4)
| Notice to person and person's proxy
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|
| (5)
| Duration of order
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| (6)
| Order cancelled if substitute decision maker appointed
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| (7)
| Emergency order
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| 62
| (1)
| Application to court to cancel order
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|
| (2)
| When application must be made
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|
| (3)
| Notice to the Public Guardian and Trustee
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| (4)
| Public Guardian and Trustee's role when application pending
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|
| (5)
| Order
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| 62.1
| (1)
| Public Guardian and Trustee may apply to court to cancel order
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|
| (2)
| Notice to the director
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|
| (3)
| Order
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| POWERS OF PUBLIC GUARDIAN AND TRUSTEE
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| 63
| (1)
| Powers of Public Guardian and Trustee as committee
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|
| (2)
| Powers re personal care
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|
| (3)
| Limitation re treatment and health care
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| (4)
| Treatment decisions: best interests
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|
| (5)
| When Public Guardian and Trustee are nearest relative
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|
| (6)
| Limitations on personal care powers
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| 64
| (1)
| Public Guardian and Trustee may intervene in emergency
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|
| (2)
| Authority to enter
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|
| (3)
| Peace officer to assist
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|
| (4)
| Court order not required
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| 65
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| Records
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| REVIEW OF PERSON'S CONDITION
|
| 66
| (1)
| Physician to review person's condition
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|
| (2)
| Review at patient's request
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|
| (3)
| Review of statement
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| (4)
| Director may require information
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| (5)
| Director to cancel certificate and order
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| RELATIONSHIP BETWEEN COMMITTEESHIP AND AN ENDURING POWER OF ATTORNEY
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| 67
| (1)
| Power of attorney suspended
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|
| (2)
| Public Guardian and Trustee to inquire about enduring power of attorney
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|
| (3)
| Duty of Public Guardian and Trustee if attorney exists
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|
| (4)
| Attorney acting in good faith
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|
| (5)
| Notice of decision
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| (5.1)
| More than one attorney
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|
| (6)
| Public Guardian and Trustee protected from liability
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|
| (7)
| Application to court
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| (8)
| Time for application
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|
| (9)
| Objection, application to court
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| COMMITTEE OF PERSON OUTSIDE MANITOBA
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| 68
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| Order cancelled if committee appointed in another jurisdiction
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| 69
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| Order cancelled if person regains competence outside Manitoba
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| PART 9
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| COURT-APPOINTED COMMITTEES
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| DIVISION 1
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| DEFINITIONS
|
| 70
|
| Definition
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| DIVISION 2
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| APPLICATION AND APPOINTMENT
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| APPLICATION
|
| 71
| (1)
| Application to court for committee
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| (2)
| Criteria for committee of property
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|
| (3)
| Criteria for committee of both property and personal care
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|
| (4)
| If another person is already committee
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| 72
| (1)
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|
|
| (2)
| Notice of application
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|
| (3)
| Court may dispense with notice
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| 73
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| Public Guardian and Trustee entitled to be heard
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| 74
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| Medical examination
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| ORDER APPOINTING COMMITTEE
|
| 75
| (1)
| Order appointing committee of property
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|
| (2)
| Order appointing committee of both property and personal care
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|
| (3)
| Court to consider enduring power of attorney
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|
| (4)
| Court to consider health care directive
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|
| (5)
| No order for a vulnerable person
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|
| (6)
| Contents of order
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| (7)
| When order takes effect
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| (8)
| Service of order
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|
| (9)
| Costs and expenses
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|
| (10)
| Court may delegate power to a master
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| 76
| (1)
| Two or more committees
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|
| (2)
| Joint committees
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|
| (3)
| Alternate committee
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| SECURITY
|
| 77
| (1)
| Security
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|
| (2)
| Bond
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|
| (3)
| Public Guardian and Trustee need not provide security
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| DIVISION 3
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| POWERS AND DUTIES OF COMMITTEES OF PROPERTY
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| POWERS OF COMMITTEE OF PROPERTY
|
| 78
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| Power to manage property
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| 79
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| Duty of others to provide information and deliver property
|
| 80
| (1)
| Powers of committee
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|
| (2)
| Restrictions and conditions
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| 81
| (1)
| Powers of committee specifically conferred by court
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|
| (2)
| Restrictions and conditions
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| 82
|
| Compensation
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| DUTIES OF COMMITTEE OF PROPERTY
|
| 83
|
| Fiduciary duties
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| 84
| (1)
| Required expenditures
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|
| (2)
| Guiding principles
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| ACCOUNTING BY COMMITTEE OF PROPERTY
|
| 85
| (1)
| Filing of inventory on appointment
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|
| (2)
| Public Guardian and Trustee need not file inventory, etc.
|
|
| (3)
| Accounting
|
| 86
| (1)
| Separate account in a financial institution
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|
| (2)
| If committee is the Public Guardian and Trustee or a trust company
|
| 87
|
| Accounting on death of committee
|
| 88
|
| Accounting on death of incapable person
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| DIVISION 4
|
| POWERS AND DUTIES OF COMMITTEE OF BOTH PROPERTY AND PERSONAL CARE
|
| 89
|
| Powers re property
|
| 90
| (1)
| Powers re personal care
|
|
| (2)
| Restrictions and conditions
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| LIMITATIONS ON POWERS
|
| 91
|
| Limitation re treatment and health care
|
| 92
|
| Limitation re custody and divorce
|
| 93
|
| Matters excluded absolutely
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| DUTIES OF COMMITTEE RESPECTING PERSONAL CARE
|
| 94
|
| Good faith
|
| 95
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| Least restrictive and intrusive course of action
|
| 96
| (1)
| Criteria for making health care decisions
|
|
| (2)
| Criteria for making other personal care decisions
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| DIVISION 5
|
| COMMON PROVISIONS RESPECTING ALL COMMITTEES
|
| 97
|
| Effect of decision by committee
|
| 98
|
| Contracts binding
|
| 99
|
| Completion of transactions
|
| 100
|
| Incidental powers
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| DIVISION 6
|
| TERMINATION, REPLACEMENT AND VARIATION OF APPOINTMENT
|
| 101
| (1)
| Application for termination, replacement or variation
|
|
| (2)
| Notice
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| TERMINATION
|
| 102
| (1)
| Decision to terminate
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|
| (2)
| Court to be satisfied about alternative arrangements
|
| 103
| (1)
| Accounting on termination of appointment
|
|
| (2)
| Time for providing accounting
|
|
| (3)
| Delivery of property
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| REPLACEMENT
|
| 104
| (1)
| Order to appoint replacement committee
|
|
| (2)
| Powers of replacement committee
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| VARIATION
|
| 105
|
| Decision to vary appointment
|
| PART 10
|
| GENERAL PROVISIONS CONCERNING THE PUBLIC GUARDIAN AND TRUSTEE AS COMMITTEE
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| CONVEYING TITLE TO LAND
|
| 106
| (1)
| Conveying title to land
|
|
| (2)
| Evidence in documents of sale
|
|
| (3)
| Deemed execution
|
| 107 to 110
|
| Repealed
|
| NON-RESIDENT INCAPABLE PERSONS
|
| 111
| (1)
| Administration of estates of persons detained in other provinces
|
|
| (2)
| Duties and powers of person appointed
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| MISCELLANEOUS
|
| 112
|
| Evidence of Public Guardian and Trustee's committeeship
|
| 113
| (1)
| Unclaimed money held by Public Guardian and Trustee
|
|
| (2)
| Payment over of money claimed
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| PART 11
|
| GENERAL PROVISIONS
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| DIRECTORS AND OTHER STAFF
|
| 114
| (1)
| Appointment of director and others
|
|
| (2)
| Authority of Director of Psychiatric Services
|
| 115
| (1)
| Appointment of medical directors
|
|
| (2)
| Authority of medical director
|
| STANDARDS COMMITTEES FOR FACILITIES
|
| 116
|
| Standards committee
|
| REPORTS BY FACILITIES
|
| 117
| (1)
| Reports
|
|
| (2)
| Form of information
|
| PROTECTION FROM LIABILITY
|
| 118
|
| Protection from liability
|
| OFFENCES
|
| 119
| (1)
| Supply of intoxicants forbidden
|
|
| (2)
| Definition of "intoxicant"
|
| 120
|
| Assisting a patient to leave a facility without permission
|
| 121
|
| Obstructing officials
|
| 122
|
| Ill-treating mentally disordered persons
|
| 123
|
| Giving wrong information
|
| 124
|
| Penalty
|
| REGULATIONS
|
| 125
| (1)
| Regulations
|
|
| (2)
| Regulations prescribing charges
|
| PART 12
|
| TRANSITIONAL, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE
|
| TRANSITIONAL
|
| 126
| (1)
| Transitional: definition of "former Act"
|
|
| (2)
| Committees continued
|
|
| (3)
| Certificates continued
|
| 127 to 137
|
|
|
| REPEAL AND COMING INTO FORCE
|
| 138
|
| Repeal
|
| 139
|
| C.C.S.M. reference
|
| 140
|
| Coming into force
|
