My Dad was placed in a term care home by his common law wife…

Hi there, I haven't heard back from you but based on the information you have provide here is my response: As a general rule, neither the home nor a substitute decision makers can legally restrict who visits a capable adult. Adults have a right to visit with whomever they choose. Moreover, Attorneys and guardians have a duty to foster regular contact between the incapable person and the incapable person’s supportive family and friends. They also have a duty to facilitate the incapable person’s autonomy. Since long term care homes owe their residents a duty of care the home may, in limited circumstances, take action that otherwise infringe on an older adult’s rights where there is a serious safety concern. I hope that helps...

So since there is no POA the Health Care (Consent) and Care Facility (Admission) Act [RSBC 1996] c. 181 [ “HCCCFA”] will apply. The health care provider will appoint the common law spouse as the substitute decision maker. This does no mean she could do whatever she wants and cut you out. It does mean that she can make healthcare decisions for your father. You might also consider getting in contact with the BC Public Guardian and Trustee: https://www.trustee.bc.ca/Pages/default.aspx They can help you further determine the scope of your rights. If you want remove the spouse as SDM, you will need to take her to court. You need to show that she is incompetent to act in the role.

Hi there, you have a difficult situation and I feel for you.  Removing the common law wife as SDM if she does not want to co-operate will be difficult.  You would have to litigate in this case.  SDM's have the following duties under BC Law:  The have to know the persons beliefs and values, whether their health is likely to be improved by the treatment, whether their health is likely to improve without the treatment the benefit of the treatment is greater than the risk of harm. whether less intrusive care would be just as helpful.  You would be asserting that the common law wife is unable to fulfill these duties and this is typically both expensive and time consuming.  In terms of hierachies here's the list of temporary substitute decision makers:

Your spouse (including common-law, same-sex, no matter how long you have been living together)

Your child (equally ranked)
A parent (equally ranked)
A sibling (equally ranked)
A grandparent (equally ranked)
A grandchild (equally ranked)
Anyone else related to you by birth or adoption
A close friend
A person immediately related to you by marriage (in-laws, step-parents, step-children)
Public Guardian and Trustee (PGT) of BC or a person appointed by PGT

So the common law wife can restrict your access to your father's health information if she feels this is in his best interests.  She would not be able to restrict your access rights however.

Hi there, yes, you are quite right it's not worth spending a lot of money if there's little prospect of success.  It will also take an emotional toll on you.  What I would suggest is getting summary advice via the BC Lawyer referral service.  The service is free to BC residents and can be accessed here. https://www.accessprobono.ca/our-programs/summary-advice-program

You should also contact the BC Seniors First organization http://seniorsfirstbc.ca/getting-help/getting-legal-help/lawyers-for-seniors/ The are a not for profit that has excellent resources.  The also an information hotline for senior abuse.  That number is *****  I hope this is helpful for you.

You're welcome.  Take care and best of luck to you...