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Personal Directives Act Chapter P-6: Breach of Legislation

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We fully recognize, that seniors who have suffered serious, cognitive impairment, require careful care, monitoring & protection.

However, we know of numbers of seniors, whose access to their monies & rights were taken from them, were detained behind locked doors because they had suffered confusion & disorientation as the result of a stroke, drug delirium, abuse of alcoholism, etc.

Because they had prepared & signed a Personal Directive, the Directive was immediately enacted during their limited time of confusion & illness, & thus were stripped of all rights. These seniors recovered & regained competency.

However, health care providers, doctors, nurses, social workers, etc. fail to acknowledge the regained competency, & therefore these Alberta citizens continue to be denied their rights. Their right to their money, their personal identification, their legal right to sue their detainers, their right to personhood. Some even continue to be detained in locked units, together with seriously confused persons such as Alzheimer patients.

Said health care providers are disregarding and are in breach of the PERSONAL DIRECTIVES ACT CHAPTER P-6 Continuing duty to consider capacity 21(1)  Despite that a service provider is aware that a determination has been made that a maker lacks capacity, the service provider must, before providing a personal service, make a reasonable effort to determine if the maker continues to lack capacity.

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