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Behavior Management Agreement

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Initial Document

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Letter Reponse

June 10, 2003
VIA FAX (604) 273-9253
Letter to follow

Diversicare Canada Management Services
Richmond, BC V6Y 3W2

Attention: Mr. Elroy Jesperson, BEd,
Regional Vice President, British Columbia,

Mr. FRANK KLEIN, Resident – Dr. James W. Hemstock Assisted Living Residence, 4202 54 Avenue, Lloydminster, AB
Mr. Jarvin and Mrs. Hilda Johnson – Enduring Power of Attorney

We are advocates for the frail, dependent elderly. We deal primarily with elder abuse issues and therefore have interest in the following matter.

  1. The above named Mr. and Mrs. Johnson received the attached two page, unsigned, undated document titled BEHAVIOR MANAGEMENT AGREEMENT by mail. No accompanying cover letter was attached.
  2. FACTS

  3. The named resident of the Dr. James W. Hemstock Assisted Living Residence, Elaine English lives on the second floor and wandered into the first floor room of Mr. Frank Klein.
  4. It would appear that this resident has no reason to be in the vicinity of the residence of the first floor resident Mr. Frank Klein. The BEHAVIOR MANAGEMENT AGREEMENT document states that Ms. English suffers from “confusion due to dementia.”
  5. According to the two page BEHAVIOR MANAGEMENT AGREEMENT document of Diversicare Canada Management Services, Diversicare Canada Management Services hold Mr. Klein responsible for the safety of Ms. English.
  6. A matter heard in Court of Queens Bench. Saskatchewan, which we perceive to be relevant to this matter is as follows:

    The case

    Stewart vs. Extendicare Ltd.
    1986 4WWR 559 (1986)38 CCLT 67
    (1986) 48 Sask R 86 Sask QB Malone J.

    In this matter, a confused resident wandered into the room of a violent fellow resident and suffered harm. The court concluded that the elder care facility had a duty to make the premises reasonably safe for the confused resident. The court held the facility liable/responsible for not providing safety to the resident and awarded damages to the confused/dementia resident.

  7. If in fact Ms. English wanders into other resident’s rooms where she causes disturbances and encounters difficulties/harm, Diversicare Canada Management Services may be held liable.
  8. Furthermore, the RESIDENTIAL TENANCIES ACT Chapter R-17, Section 15 states the Landlord will not “In any significant manner disturb the tenant’s possession or peaceful enjoyment of the premises.” Obviously his enjoyment was not only disturbed but he was then threatened with eviction.
  9. Mr. Klein has been threatened with possible eviction:
    1. Because of the behavior of a confused behavior of a fellow resident
    2. If he does not agree to the illogical stipulations of the BEHAVIOR MANAGEMENT AGREEMENT
  10. We wish to comment on some of the items:
    • Item 1: It is appropriate for elderly persons to leave their door open in a lodge facility. It engenders a homelike atmosphere where persons engage in social interaction resulting in emotionally, and physically, healthier, happier persons/seniors. Isolation is damaging.
    • Item 4: States: “Consent to and arrange for a non-family member to be responsible for his finances.”
  11. Deborah Holm, Manager:
    1. Has knowledge that Jarvin and Helen Johnson hold the legally appointed Enduring Power of Attorney regarding Frank Klein.
    2. Acted in contempt of the Order
  12. A legal counsel who reviewed the two page BEHAVIOR MANAGEMENT AGREEMENT was shocked that elderly would be treated with such disregard.
  13. RE: Attached Invoice dated October 1, 2001
    1. Overcharge of $207.00 – The overcharge is for personal care and to date personal care has not been clearly identified.
  14. Saturday, May 31/03, the receptionist refused to accept Mr. Klein’s rent payment from the Johnsons. The receptionist informed the Johnsons that she had been instructed to refuse payment from them.
  15. June 3/03, Mr. Johnson, 85 years of age, had to make another trip from Vermillion to Lloydminster the following week to pay the rent. At that time, the receptionist accepted the rent without question.
  16. We bring this entire matter to your attention because we find it difficult to believe that Diversicare Canada Management Services would sanction the questionable behaviors of management or the BEHAVIOR MANAGEMENT AGREEMENT document.
  17. We do not have information as to who drafted the BEHAVIOR MANAGEMENT AGREEMENT document. However, the Manager of the Dr. James W.Hemstock Assisted Living Residence, Deborah Holm, informed the Johnsons that she was forwarding them this document.
  18. The title itself is disturbing – BEHAVIOR MANAGEMENT, especially since it is intended for senior Alberta citizens. Is this their reward for long years of hard work and sacrifice to build this country?
  19. We submit that the complaint and attached documentation strongly indicate that Deborah Holm, Manager:
    1. Has failed to act as client advocate. Has failed as a person who is entrusted with the care of vulnerable persons.
    2. Has failed to provide an emotionally, safe environment to a frail, dependent, elderly person.
    3. Failed to demonstrate dignity and respect to elderly persons.
    4. Fails to demonstrate understanding of legal appointments/legal documents or respect for such legal appointments.
    5. Fails to demonstrate understanding of basic landlord and tenant law and values.
    6. Sent an abusive, threatening document to seniors.
    7. Demonstrates abusive attitudes towards elderly person.
  20. We further submit to you that the attached documentation indicates that Ms. Holm is clearly not suited to work with elderly clients.
  21. We respectfully ask that you investigate this matter. Thank you for your kind attention to this matter.
  22. We would be grateful to be in receipt of an acknowledgement and response by the 20th of June 2003.

Most sincerely,

Elder Advocates of Alberta

CC:
The Honourable Mr. Stan Woloshyn, Minister for Seniors
The Honourable Mr. David Hancock QC, NLA, Minister of Justice & Attorney General
Mr. Lloyd Snelgrove, MLA Vermillion-Lloydminster
Mr. Paul Richardson BA CA, President, Diversicare Canada Management Services Co.
Mr. & Mrs. Jarvis Johnson

Attachments:
Invoice dated October 1, 2001
Service Costing Matrix

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