Hospital discharge to a care home not of the patient's choice
Advice on rights when a hospital seeks to move a patient who no longer needs hospital care to a care home.
What is included
- Reviews admission, residence or life lease agreements before they are signed
- Explains residents' rights under the Fixing Long-Term Care Act, 2021 and the Retirement Homes Act, 2010
- Responds to discharge, transfer or eviction notices
- Prepares complaints to the home, the Ministry or the Retirement Homes Regulatory Authority
- Represents residents or families in appeals or hearings, as agreed
What is not included
- Capacity assessments, medical reports, court fees and other disbursements
- Financial planning or investment advice
- Steps beyond the scope confirmed in writing, such as an appeal
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- Residents of long-term care or retirement homes
- Families helping a parent move into care
- Patients facing hospital discharge to a care home
Information to have ready
- 1The admission, residence or care agreement
- 2Any notices from the home or hospital
- 3Care plans and records of the concerns raised
- 4Details of the resident's power of attorney or substitute decision-maker
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $300–$600/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
Who is the lawyer's client when a family asks for help with a parent?
Usually the older adult is the client, and the lawyer takes instructions from them in private. Family members may be asked to step out so the lawyer can confirm the person's own wishes.
What happens if there is no power of attorney?
For health care decisions, Ontario's Health Care Consent Act sets out who may decide, usually starting with a spouse or partner if there is no guardian or attorney. For finances, a family member may need to apply to become a guardian, or the Public Guardian and Trustee may become involved.
What is the Consent and Capacity Board?
It is an independent Ontario tribunal that hears applications about capacity, consent to treatment, admission to long-term care and involuntary admission to a psychiatric facility.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; questions of capacity and care are decided by assessors, tribunals or the court
- Where the older adult is capable, the lawyer must follow their instructions, even if family members disagree
- Urgent safety concerns should be reported to police or other authorities right away
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