# Who Is Elderado?

**Daniel Clarke, Founder of Elderado**  
- Former family caregiver to my Grandma  
- My Grandma had lupus, was hospitalized, and needed to move into a long-term care home or a retirement home  

![image](https://storage.googleapis.com/elderado-prod/-KDlw8xl9-SAM_4677.jpg)

**The Problem**  
- Navigating elder care options is hard!
- There's limited resources to support families - even among social workers and discharge planners

**The Solution**  
- If we can compare hotels around the world on Booking.com, why can't we compare elder care homes?  
- In 2023, we started building our **database of all 1,400 long-term care and retirement homes in Ontario**  

# What does Elderado do?

**A Free, Unbiased Website**  
- Search, filter, compare, and contact **every** long-term care and retirement home in Ontario  
- Works like Booking.com for elder care  

![image](https://storage.googleapis.com/elderado-prod/-jI5xFJu4-Elderado%203%20screens%20mobile%20(1).png)

**How It Works**  
1. **Search by location** – e.g., within 10 km of Whitby  
2. **Apply filters** – care services, price, language, culture, and more  
3. **Compare homes** – view:  
   - Video tours  
   - Inspection reports  
   - Google reviews  
   - Sample menus
   - Activity calendars  
4. **Contact homes directly** – schedule a tour or ask questions  
5. **Find resources** – learn about applying for long-term care  

**Key Difference**  
- No ranking of homes  
- Unbiased - we don't suggest homes in return for payment
- Families make informed decisions based on their needs  

# How Elderado Can Help You?

If you come across an older adult, or a family who needs elder care, we can help them navigate their option. 
- Free, easy-to-use tool for navigating elder care options  
- Clear, unbiased information on long-term care and retirement homes  
![image](https://storage.googleapis.com/elderado-prod/-J8ifelHa-Untitled%20design%20-%202025-02-02T230140.291.png)
**Trusted by Experts**  
- **25,000+** users since launch (Feb 2024)  
- **Family Councils Ontario recommends Elderado** in their 2024 long-term care guide

![image](https://storage.googleapis.com/elderado-prod/-TN7elpAJ-Untitled%20design%20-%202025-02-02T140358.110.png)

# The Bottom Line  

- **Choosing elder care shouldn’t be a guessing game**  
- Families deserve tools to find the **best home** for their situation  
- **Elderado makes it easier** to navigate the process  

Who Elderado is, what we do, and how we can help you

The Ministry of Long-Term Care in Ontario is planning to test a new system to help people find spots in long-term care (LTC) homes that match their culture, religion, language, or ethnicity, and there is an open call for comment [HERE](https://www.ontariocanada.com/registry/view.do?postingId=49135&language=en#:~:text=The%20Ministry%20of%20Long%2DTerm,religious%20and%20linguistically%20appropriate%20care.). This project, called the Long-Term Care Homes Cultural Pilot Project, will try to make it easier for people to get into homes where they feel more at home culturally.

Some LTC homes in Ontario focus on serving specific cultural or religious groups. But recently, these homes have seen fewer residents who match the culture they aim to support, and fewer spots are available that meet applicants' cultural needs. This makes it harder for these homes to offer the cultural, religious, and language support their residents need.

The current system puts people on a waiting list for LTC homes based on how urgently they need a spot. In this pilot project, the Ministry wants to test a new way of organizing these waitlists for people in crisis (those in category 1). For the homes selected to participate, people on the crisis waiting list who share the culture or religion that the home primarily serves could be prioritized, even if others on the list are also in crisis.

To make this pilot work, the Ministry would change the rules for ranking applicants. In designated homes, people with an urgent need for care would still be ranked first, but if two or more people have the same level of urgency, the applicant who matches the home’s cultural focus would get priority.

The goal is to see if this new ranking system can help improve access to culturally appropriate long-term care for Ontarians.

[CLICK HERE](https://www.ontariocanada.com/registry/view.do?postingId=49135&language=en#:~:text=The%20Ministry%20of%20Long%2DTerm,religious%20and%20linguistically%20appropriate%20care.) to read the full proposal or to comment.  Comments are open until November 26.

New Pilot to Prioritize Cultural Matches in Long-Term Care Homes in Ontario

Ontario Health atHome has acknowledged that they are critically short on medical supplies that can have serious implications for seniors receiving home care.  If you or a loved one is dealing with a shortage of medical supplies, Ontario Health atHome has advised you follow these steps:
1. Call you care coordinator. 
2. If your care coordinator is not able to help, call the medical supply escalation hotline at 1-866-377-7567.

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Additionally, Ontario Health atHome has added a reimbursement form for medical supplies to their website [HERE](https://ontariohealthathome.ca/refund/).  If you follow that link you will find the reimbursement form, as well as other contact information.  Ontario Health atHome has stated:

*"Patients, their families and caregivers should not have to incur the cost of purchasing much-needed medical supplies on their own due to delivery issues. That is why we will be reimbursing any patient, caregiver or family member who has paid out of pocket for medical supplies due to delivery issues."*

We hope everyone dealing with the medical supply shortage are able to get the supplies you need.



Ontario Health atHome Medical Supply Shortage update

2024 marks the first ORCA Conference for Elderado.  Daniel created a daily video to recap what happened.  ORCA Con was an opportunity to learn, network, and share ideas.  It was attended by leaders from retirement homes, commercial partners, and other industry stakeholders.  It took place at Deerhurst Resort in Huntsville, Ontario from September 10 - 12, 2024.

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Today was an easy introduction to my first ORCA Conference with a round of golf at Deerhurst Highlands.  I'm here solo, but I hit the jackpot getting paired with Krystal, Arta, and Ashley.  Kids might say the vibes were high, but so was our score.  I'm looking forward to a full day of keynotes, panels, and information sessions tomorrow.

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What do they actually talk about at a retirement home conference?  I’m at the Ontario Retirement Communities Association Conference, and these are my top 3 takeaways from today’s education program.

1. 79% of families want transparent pricing and fee info before contacting a retirement home. 
2. “We’re actually paying for more expensive care that nobody wants.”  Hospital care, and even long-term care is very expensive for tax payers, and rarely is it the care we want.
3. “When we improve life for seniors we improve life for everyone because we all want to be seniors one day.”  The Minister of Seniors and Accessibility, Raymond Cho, shared these words during his opening remarks to kick off the day.

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Day 3 at ORCA Con focused on staff retention.  Staffing shortages are a big problem among frontline staff like PSWs, nurses, and housekeepers.  I was impressed by how openly different retirement homes shared the challenges they are facing, and what they tried.  (And yes, it wasn't lost on anyone in the room that higher pay is an important factor)

ORCA Con 2024 - My first ORCA Conference

Rachel Merucci from [TBH Legal](https://tbhlegal.ca/) joined us to answer all our questions about **adult guardianship**.  Adult guardianship in Ontario is a legal mechanism designed to protect individuals who are unable to make certain decisions for themselves due to physical or mental incapacity. It allows a designated guardian to make decisions on behalf of an adult who has been deemed incapable, with the goal of safeguarding the person’s well-being and managing their affairs.  Someone might need an adult guardian instead of a Power of Attorney (POA) if they didn’t establish a POA before becoming mentally or physically incapable.


# What if it's too late to create a Powers of Attorney?
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We all know we should have a Will and Powers of Attorney (POA), but what do we do if we need a POA and don’t have one? That’s what Adult Guardianship is for.


# Powers of Attorney vs. Adult Guardianship
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In general, Powers of Attorney are created by someone when they are mentally capable in case they need it in the future, and they pick who they want to step in to make decisions for them.  An adult guardian is someone who steps up and asks to be picked for the responsibility because their loved one has been proven to be mentally incapable.


# What are the two types of Adult Guardians?

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Adult guardianship appears to be modelled after Powers of Attorney.  There's guardianship of personal care, and personal care of property.


# What age does someone need an Adult Guardian?
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In Ontario as soon as someone is 18 years-old they are assumed to be mentally capable to make their own decisions.  If someone is not mentally capable they could require an adult guardian at 18 years-old.


# Why might you need to be an Adult Guardian?
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Caregivers to incapable adults have to have the legal authority before they can step in to make decisions, apply for benefits, pay bills, etc.


# How do I become an Adult Guardian?
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There are two ways to become an adult guardian - through a judge in court, or through an application process through the Office of the Public Guardian and Trustee.


# What is the process to become Adult Guardian of Property?
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If you are to apply to be an adult guardian of procerty through the application process, the process involved picking a capacity a assessor for your loved one, answering questions about the incapable adults expenses and assets, and reading and understanding the responsibilities of an adult guardian.  Everything is sent to the Office of the Public Guardian and Trustee, who is responsibile for granting adult guardianship.


# How long does it take to be granted Adult Guardian of Property?
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It usually takes about 1 month to complete the Adult Guardian of Property application, and once the application has been submittied it typically takes 3 weeks to 6 months to be approved.


# Is the process to become an Adult Guardian different at different ages?
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No, it's the same at all ages as long as the incapable adult is at least age 18.

What you need to know about Adult Guardianship?

It’s remarkable how our experiences in volunteering can have such a profound impact on our lives. Several years ago, I volunteered at Evergreen Hospice in Thornhill, Ontario. But the experience was more than just rewarding; it gave me great insights into how to help my father deal with his end-of-life issues.

Ten years ago, he was trying to manage cancer. Unfortunately, he also wound up falling down the stairs at his home. After a very challenging month in hospital that also included a fall from his bed, he was taken to a local hospice. My father died peacefully, without any suffering, four days later, surrounded by friends and family.

Had it not been for the time volunteering at the hospice, I don’t think my father would have had the same experience. In 2014, hospice wasn’t on people’s radar as it is now. I recall some of my father’s visitors, upon entering the hospice, wondering aloud what they were visiting.

After working in the publishing industry for over two decades, I sold my business and worked at a funeral home. Again, I credit the time spent volunteering at the hospice that helped move me in this direction. Many people felt it was an odd job choice, but I saw it as an opportunity to support people during their most difficult times. As a funeral director’s assistant, I attended well over 500 funerals and met with hundreds of families in their homes, hospitals, retirement homes and hospices.

When surrounded by death, you get a profound appreciation for life.

While working at a funeral home, I felt my creative spark reignite, leading me to write a book. From here, I decided to launch a business that captures people’s stories in a magazine. I called it Time For My Story, and it has led to the creation of a new initiative called The Legacy Expo.

I fully acknowledge that death is one of those topics that most people have a hard time discussing. My initial goal for the event was to demystify and destigmatize the subject of death. I wanted to help transform the way people view death and legacy planning. I knew that fostering open discussions in a low-key, grassroots environment would make things much more accessible for people.

Another one of my goals was to educate and empower attendees when it came to making difficult decisions. For example, dealing with finances and logistics when someone has just died can be a harrowing and emotionally taxing experience for many people. I view it as knowledge is power. By giving people critical information now, they can make better decisions regarding end-of-life care and dealing with funerals and wills.

As a result of my work in publishing, I knew the power of community and was determined to help create a supportive environment for attendees and exhibitors. It was crucial that people would be able to share their journeys, learn from each other, and find solace in a collective experience.

I am pleased to tell you that the first Expo brought together 17 exhibitors in May of this year. It did indeed foster a positive and supportive environment. Most importantly, we had a wide range of businesses and nonprofits exhibiting. This included local funeral homes, grief counsellors, planners, insurance companies, and two technology companies. On the nonprofit side, we had a variety of exhibitors, including Canadian Blood Services, Hospice Toronto, and the Bereavement Ontario Network.

The combination of for-profit and nonprofit created a dynamic environment that benefited everyone in attendance. We had about 150 people attend the Expo, and they found it very informative, just as I had hoped. There was also a great deal of interaction between the exhibitors. It has now led to working relationships and strengthening the overall sense of community within the deathcare field.

Building on the foundation of the first Expo, I have set my sights on creating something a little larger. This September 28 at Thornhill United Church, we are showcasing over 40 exhibitors from various companies and nonprofits.

Because the subjects of death and grief are complex for many to discuss, I have also decided to focus on the importance of hosting a face-to-face gathering only. While some video footage of the first Expo can be seen on YouTube, I have decided not to livestream this event. I also decided to make the event free of charge so that it can be accessible to all.

As the Baby Boomers in North America age, discussions around end-of-life will become more frequent. My vision is that The Legacy Expo inspires others in cities around Canada to start their expos to further the conversation.

By Michael Brooke

[Click HERE](https://www.eventbrite.ca/e/the-legacy-expo-ii-tickets-909330641427) to get your complimentary tickets for the Legacy Expo on September 28, 2024.
[TheLegacyExpo.com](https://thelegacyexpo.com/)


The Legacy Expo on September 28, 2024

*Disclaimer: Elderado is not suggesting or encouraging the use of cannabis in any form.*

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Since the legalization of recreational cannabis in Canada in 2018, its use among seniors has been steadily increasing. Cannabis, once a taboo topic, is now becoming a conversation starter, including in settings like long-term care homes where health, comfort, and quality of life are key concerns. But with this rise in popularity comes questions about the rules and regulations surrounding cannabis use in these environments. Can residents of long-term care homes in Ontario legally use cannabis, and if so, under what conditions?

**The short answer is, sort of - the Fixing Long-Term Care Act states:**

*(2) Nothing in this Regulation prevents a resident from cultivating, acquiring, consuming, administering, possessing, storing or disposing of recreational cannabis in accordance with the licensee’s policies and procedures as required by subsection (1).*

**One long-term care home told us:**

*"Residents are able to consume alcohol and cannabis unless the doctor deems that it would not be safe due to a health condition/medication. Residents would either store their alcohol/cannabis locked in their room, or locked in the medication room with the nurse, depending on a capacity assessment that is completed (goes over risk, abilities, etc.). Residents have choice and can consume at their leisure, however there are rules in place for where they can/can’t."*

In this blog, we'll explore the key regulations and considerations related to cannabis use in long-term care homes in Ontario, referencing both the [Cannabis Control Act](https://www.ontario.ca/laws/statute/17c26) and the [Fixing Long-Term Care Act](https://www.ontario.ca/laws/statute/21f39). We’ll also look at the increasing usage of cannabis by seniors, supported by recent studies.

### The Growing Popularity of Cannabis Among Seniors

Since Canada legalized cannabis in 2018, the stigma around its use has slowly faded, and many people, including seniors, have begun exploring its potential benefits. According to a [2021 study by the Canadian Institute for Health Information (CIHI)](https://www.cihi.ca/en/drug-use-among-seniors-in-canada), the use of cannabis among seniors (aged 65 and older) more than doubled from 2017 to 2019. Many seniors are turning to cannabis as an alternative treatment for conditions like chronic pain, insomnia, and anxiety, with both recreational and medicinal cannabis use rising.

A 2020 study published in the [*Journal of the American Geriatrics Society*](https://agsjournals.onlinelibrary.wiley.com/journal/15325415) found that 15% of Canadian seniors reported using cannabis, with most of them doing so for medical reasons. For long-term care residents, the potential benefits of cannabis include helping to manage pain, reduce the need for opioids, and improve overall well-being.

### The Cannabis Act and Long-Term Care Homes

The [Cannabis Act](https://laws-lois.justice.gc.ca/eng/acts/c-24.5/), which came into effect in October 2018, legalized the recreational use of cannabis across Canada. It allows adults to possess and share up to 30 grams of dried cannabis or its equivalent in other forms, grow up to four plants per household, and purchase cannabis from licensed retailers. However, the act also gives provinces and territories the authority to implement additional rules and restrictions, particularly when it comes to where cannabis can be consumed.

In Ontario, cannabis use is regulated by a combination of laws, including the **Cannabis Control Act, 2017**, the **Cannabis Licence Act, 2018**, and the **Smoke-Free Ontario Act, 2017**. While adults are generally allowed to use cannabis in private residences, the rules for public consumption are stricter and aligned with those for tobacco. In institutional settings like long-term care homes, the regulations can vary depending on the facility’s policies and whether the use is recreational or medicinal. Exemptions to public consumption rules may apply in certain long-term care or retirement homes under specific conditions. 

### The Fixing Long-Term Care Act, 2021

The **Fixing Long-Term Care Act, 2021** is a key piece of legislation in Ontario that governs long-term care homes. It establishes standards for the safety, care, and rights of residents in these facilities. When it comes to cannabis use, long-term care homes must balance the residents' rights to make personal choices with the need to ensure the safety and well-being of all residents.

There is no blanket prohibition on cannabis use in long-term care homes, but individual homes may have specific policies that residents must follow. These policies are usually designed to ensure that cannabis use does not interfere with the care environment, the safety of residents, or the legal obligations of the home. For instance, some homes may require residents to consume cannabis only in designated areas, and smoking or vaping cannabis indoors is generally prohibited under Ontario’s Smoke-Free Ontario Act.

### Medicinal Cannabis in Long-Term Care Homes

For residents who use cannabis for medical reasons, the situation can be more straightforward. Under Canadian law, individuals with a medical authorization can legally access cannabis products to treat various health conditions. Long-term care homes in Ontario are required to accommodate residents' medical needs, including those who have been prescribed cannabis by a healthcare professional.

However, the use of medical cannabis in long-term care homes may come with additional regulations. Homes must ensure that cannabis products are stored securely, administered safely, and do not pose a risk to other residents. In some cases, residents may be required to provide a medical prescription, and the home’s staff may be involved in managing the resident's cannabis use, similar to how they handle other medications.

### Key Considerations for Residents and Families

If you or a loved one is considering using cannabis while living in a long-term care home in Ontario, here are a few key points to keep in mind:

1. **Check the Home's Policies**: Each long-term care home may have its own rules about cannabis use. Be sure to ask about these policies before bringing cannabis into the home.

2. **Consider Medical Authorization**: If you plan to use cannabis for medical purposes, having a prescription from a healthcare provider can simplify the process. It also ensures that the long-term care home is aware of your medical needs and can provide appropriate support.

3. **Respect Other Residents**: Remember that cannabis use, especially smoking or vaping, can affect others. Be mindful of the designated areas for cannabis use, and always follow the home’s guidelines.

4. **Safety First**: Long-term care homes have a responsibility to maintain a safe environment for all residents. This means that cannabis products, like any other medications, must be stored securely to prevent accidental ingestion by others.

### Conclusion

The **Cannabis Act** provides the legal framework for cannabis use across Canada, while the **Fixing Long-Term Care Act** governs how long-term care homes manage cannabis use among residents. If you or a loved one is living in a long-term care home and considering cannabis, it’s important to understand the home’s policies and ensure that your use complies with all laws, rules, and guidelines.

Cannabis use among seniors has been on the rise since its legalization in 2018, with many finding it beneficial for managing chronic pain and other health conditions. While cannabis is generally legal in Ontario, the use of cannabis in long-term care homes is subject to specific regulations that balance individual rights with the safety and well-being of all residents.


Can Cannabis Be Used in Long-Term Care Homes in Ontario?

*In April 2024 the NORC Innovation Centre at University Health Network published [A Home Care Model for Natrually Occuring Retirement Communities in Ontario](https://norcinnovationcentre.ca/wp-content/uploads/A-Home-Care-Model-for-NORCs-in-Ontario.pdf).  This is a summary of our key takeaways from that report.*

With an aging population, the demand for home care services in Ontario is increasing, and the current system is straining to keep up. Naturally Occurring Retirement Communities (NORCs) are a new-ish concept designed to improve home care in Ontario, making it easier for older adults to receive the care they need while remaining in their homes.

# What Are NORCs?

Naturally Occurring Retirement Communities, or NORCs, are residential areas where a large number of older adults live, even though these areas were not specifically designed for seniors. In Ontario, nearly 2,000 such communities have been identified, housing over 200,000 older adults. These communities provide a unique opportunity to improve home care delivery due to the high concentration of seniors living in close proximity.

# Current State of Home Care in NORCs

## Challenges Faced by Residents

Residents in NORCs face several challenges with the current home care system:

- **Confusion and Frustration**: Many older adults are confused about how the home care system works and what services they are eligible for. This leads to frustration with scheduling and coordinating care from multiple agencies.
- **Underfunding**: The home care sector is underfunded, which limits the ability to provide adequate compensation and training for staff.
- **Fragmentation**: Over one-third of NORC buildings in Ontario have four or more home care agencies providing services, leading to a lack of coordination and inefficiency.

## Statistics

- **Service Hours**: Personal support workers (PSWs) delivered nearly 3.5 million hours of home care services in Ontario's NORCs in 2022-23, valued at over $120 million.

## Proposed NORC-Based Home Care Model

The report suggests a new model for delivering home care in NORCs that is client-centered, efficient, and better for workers. Here are the key features:

- **Single Lead Agency**: Each NORC would have one lead home care agency responsible for coordinating and providing care. This would reduce fragmentation and improve coordination.
- **Dedicated PSWs**: Personal support workers would be dedicated to specific NORCs, allowing them to work full-time or part-time shifts with minimal travel. This would enable PSWs to provide more consistent and personalized care.
- **Local Decision-Making**: The lead home care agency would make day-to-day care scheduling decisions, making the system more responsive to the needs of residents.
- **Population-Based Funding**: Funding would be based on the population of the NORC rather than individual service episodes, providing more flexibility to meet the needs of residents.

## Benefits of the New Model

Implementing this new model across all NORCs in Ontario could significantly improve home care services:

- **Increased Efficiency**: The model could provide an additional 754,976 hours of PSW services annually, worth $26.8 million, without requiring significant new funding.
- **Improved Quality of Care**: By having dedicated PSWs and a single coordinating agency, the quality and consistency of care would improve, leading to better health outcomes for residents.
- **Better Working Conditions for PSWs**: The new model would improve working conditions for PSWs by reducing travel time and providing more stable employment, which could help address the chronic shortage of home care workers.

## Recommendations for Implementation

To implement this new model, the report makes several recommendations for the Government of Ontario:

1. **Adopt and Promote the New Model**: The government should adopt and promote the new NORC-based home care model.
2. **Establish Thresholds**: Criteria should be established to identify which NORCs are best suited for the new model.
3. **Pilot the Model**: The model should be piloted by selected Ontario Health Teams to refine and evaluate its effectiveness.
4. **Develop Population-Based Funding**: A funding formula based on the population of NORCs should be developed to support the new model.
5. **Enable Staffing Model Changes**: Home care agencies should be enabled to develop new staffing models that are place- and shift-based.

## Conclusion

With the demand for home care expected to grow by 50% by 2031, it is crucial to find new ways to deliver these services effectively. The proposed NORC-based home care model offers a promising solution to improve the quality and efficiency of care for older adults in Ontario's naturally occurring retirement communities. By leveraging the natural densities of these communities, we can create a system that is better for both residents and workers, ultimately leading to a healthier and more sustainable home care system.

### References

- [NORC Innovation Centre (2024). A Home Care Model for Naturally Occurring Retirement Communities in Ontario. Toronto, ON: University Health Network](https://norcinnovationcentre.ca/wp-content/uploads/A-Home-Care-Model-for-NORCs-in-Ontario.pdf).
- [Statistics Canada (2023). Census Profile. 2021 Census of Population - Ontario](https://www12.statcan.gc.ca/census-recensement/2021/dp-pd/prof/details/page.cfm?Lang=E&SearchText=Ontario&DGUIDlist=2021A000235&GENDERlist=1,2,3&STATISTIClist=1,4&HEADERlist=0).
- [Canadian Institute for Health Information (2023). Wait times for home care services](https://yourhealthsystem.cihi.ca/hsp/inbrief?lang=en&_ga=2.198027503.1962867211.1709062167-1285306854.1696609997&_gl=1*pix7bs*_ga*MTI4NTMwNjg1NC4xNjk2NjA5OTk3*_ga_44X3CK377B*MTcwOTA2MjE2Ni41LjAuMTcwOTA2MjE2Ni4wLjAuMA..#!/indicators/089/wait-times-for-home-care-services/;mapC1;mapLevel2;/).

This article provides an overview of the proposed improvements to home care in NORCs, highlighting the benefits and recommendations for implementation. By adopting this new model, Ontario can ensure that its aging population receives the care they need in a more efficient and coordinated manner.

Naturally Occurring Retirement Communities (NORCs) - A New Approach to Home Care in Ontario

**Written by: Rachel Merucci, Licensed Paralegal**

**Note: Information applies to residents of Ontario, Canada only.**

*About 6 years ago (2018), I was faced with the challenge of jumping into caregiving together with my dad, who was quickly losing the ability to care for my mom (his wife) later diagnosed with severe dementia (suspected Alzheimer's). My parents refused all help, and by the time I was "allowed" into their world my mother was not "mentally capable" of creating a Power of Attorney (POA) of any kind.* 

*With much research, pieces of information eventually led me to the idea of "Adult Guardianship". It was (and still is) difficult to find a lawyer providing this service. And the legal fee to attempt the Guardianship process was much higher than my father or I could afford. 
Inspired by my experience as a caregiver, I recently became an Ontario licensed Paralegal. Equipped with this knowledge, I want to share how Adult Guardianship can support your caregiving journey.*

Ideally, every adult should have a legal Will and Powers of Attorney properly prepared and in place, but unfortunately many adults do not. Sometimes, people who suffer from various forms of dementia are diagnosed "too late" and the individual is no longer mentally capable of creating Powers of Attorney. Sometimes our care recipients develop or are born with a developmental disability and therefore may not have the mental capacity to create Powers of Attorney. In either of these scenarios, caregivers, or Substitute Decision Makers (SDM) of the individual should be referred to information regarding how to obtain "Adult Guardianship" to ensure their care recipient's personal care and their property finances are properly and securely managed. 

# There are two types of Powers of Attorney:
1. Continuing Power of Attorney for Personal Care
2. Continuing Power of Attorney for Property

You must be considered "mentally capable" to create these documents, and the definition of "mentally capable" is different for each document. When Powers of Attorney have not been, or cannot be created, Adult Guardianship may be the solution. 

Adult Guardianship is when someone steps in, of their own volition, and is appointed by the Office of the Public Guardian and Trustee, or appointed by a judge in court, to make decisions for the adult person who is incapable. 

# There are two main types of Adult Guardianships
1. Guardian of Personal Care
2. Guardian of Property

These guardianships essentially "mirror" the purpose of Powers of Attorney. To date, legal fees for seeking Guardianship of Personal Care, Guardianship of Property, or both which is called Guardianship of the Person, can cost caregivers up to approximately $25,000.00. 

Fortunately, for a resident of Ontario, Canada, a default "Substitute Decision Maker" is AUTOMATICALLY appointed to them for medical decisions they are incapable of making, under the Health Care Consent Act. Having an "Automatic SDM" gives the caregiver the opportunity to decide if obtaining Guardianship of Personal Care (or Guardianship of the Person) is necessary since medical decisions can and are made without this legal documentation. 

To learn more about Substitute Decision Maker in Ontario, please review [the Ontario Making Substitute health Care Decisions document](https://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/ISBN-0-7794-3016-6.pdf).

## But what happens to the incapable adult's property? 

"Property" in this context means not only real estate, but also managing the incapable adult's bills, belongings, bank accounts, taxes, etc. It contains many required, daily tasks the incapable adult cannot manage. Without legal documentation such as a POA/or Guardianship of Property, caregivers are unable to act on behalf of the incapable adult, REGARDLESS of their relationship. That means even spouses cannot step in to act on behalf of their husband/wife, and parents cannot step in to act on behalf of their incapable adult child once they are 18 years old. 

## There are two ways to become someone's Guardian:

1. Through a judge in court - for one or both guardianship types. (If seeking both guardianships, together it is called "Guardian of the Person")
2. Through the Office of the Public Guardian and Trustee (PGT) by application - only available for certain individuals, and only available for Guardian of Property. 

## Things to keep in mind: 

- It is difficult to obtain Guardianship of Personal Care or Guardianship of the Person without the help of a lawyer who specializes in the area of healthcare. (ie: a health lawyer)
- You should thoughtfully consider whether obtaining this is necessary for the benefit of your incapable care recipient.

Process for obtaining Guardianship of the Person through a lawyer can be:
- Lengthy in time,
- Involves extensive paperwork,
- A significant out of pocket expense in legal fees/disbursements. 

For most caregivers and SDMs, Guardianship of Property is the one type of Guardianship that is needed and will ultimately save them much unnecessary hardship. *NOTE: If the incapable adult will be admitted to Long Term Care, POA of Property or Guardian of Property is required to apply for the government of Ontario's Long-Term Care Home Rate Reduction Program.*

Having been in your shoes, my goal is to help caregivers understand and obtain "Adult Guardianship of Property" at an affordable fee. Service is available and applicable to residents of Ontario, Canada only. 

**For more information, please email info@tbhlegal.ca, visit [www.tbhlegal.ca](www.tbhlegal.ca/adultguardianship) or call Rachel Merucci, Licensed Paralegal at 519-777-9303.** 


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