Inventory of Legislation, Policies and Guidelines for Long-term Care

You might recall that I was quite excited to find that the Nova Scotia Department of Community Services had posted various of the policies under the Services for Persons with Disabilities on their website.

And now I am just as pleased and surprised to find that the Department of Health has followed their lead.

Inventory of Legislation, Policies, Guidelines for Long-term Care
The following legislation, policies and guidelines are standards in the long-term care sector. The Department of Health, Continuing Care Division supports owners and operators of long-term care facilities by creating policies and monitoring standards in the sector to ensure that there is a consistent quality of care provided to long-term care residents. Owners, operators and staff of long-term care facilities must be in compliance with the following legislation, policies and standards.

For some of us whose children are older, we wonder what will happen when we're gone. For others, it might be our own parents who give us cause for concern. Whatever the situation, the government needs to move towards more openness and accountability with its programs and services. Or, should I say, our programs and services. After all, it's us, as taxpayers, who are funding them.

It's good to see them take a few baby steps in this direction.

More on Learning Disabilities and the Disability Tax Credit

You will recall a previous discussion about the ability to claim the Disability Tax Credit for a person with a learning disability. Well, I just came across June 2007 document authored by the Canadian Psychological Association entitled "Eligibility of Persons with Impairments in Mental Functions for the Disability Tax Credit: What Qualified Persons Need to Know about Attesting to Eligibility" that deals with the learning disability issue a little more.

In recommending that ‘thinking, perceiving and remembering’ be replaced by the ‘mental functions necessary for everyday life’, we defined the functions as memory (simple instructions, basic personal information, material of importance and interest), problem-solving, goal-setting and judgement, and adaptive functioning. Adaptive functioning includes those abilities related to selfcare, health and safety, social skills and common simple transactions. In this way, any disorder related to mental functions which is severe and prolonged and restricts the mental functions necessary for everyday life as defined above, would obviously be eligible (e.g. affective and anxiety disorders, learning disabilities) and not just those defined by disturbances in thinking, perceiving and remembering (e.g. head injury, major mental illnesses, dementia).

No impairment, be it physical or mental, is ineligible for the DTC on the basis of a diagnosis alone: It is very important for qualified persons to keep in mind that there is no disorder of mental function which renders a person categorically ineligible for the DTC. Although it may be the case that some disorders may be, by their nature, less likely to result in a marked restriction in mental functioning as defined by the DTC than are other disorders, the CRA does not rule out eligibility on the basis of the type of disorder alone. For example, many persons with learning disabilities will not have a sufficiently marked restriction in the mental functions necessary for everyday life, as defined by the DTC, to qualify for the credit. However, if someone had a learning disability, attested to by the qualified person, that created a marked restriction in mental function (e.g. the learning disability was so severe that the person could not manage money sufficiently well to make a simple purchase or could not navigate streets signs to travel to a new location) then the person should be considered eligible for the credit.

So remember this, don't let anyone (including a CRA employee) tell you categorically that learning disabilities do not qualify for the Disability Tax Credit. It is the severity of the learning disability that will be the deciding factor, not the fact that is is a learning as opposed to some other type of disability.

'Disabled Canadians Jubilant to Have Transport Barrier Removed'

Does your adult son, daughter or friend need a support person with them when traveling by public transportation? Have they or you ever expressed frustration with the fact that it costs twice as much for a person with a disability to use the same public transportation available to other Canadians?

I know I have. And still do, as a matter of a fact. Right at this moment, I am haunted by one of the many items on my never-ending To Do List, this one to recontact our local bus company to continue the debate about whether I should have to pay a second fare for my teenage daughter's support person. It turns out that they do have a policy in conjunction with the CNIB, providing that a blind person can travel with a support person without paying or a second fare. But they don't have any policy around any other disabilities.

After telling them how great I thought it was that they have this policy in place for the blind, I calmly pointed out that to have such a policy for one type of disability and not for others might, by some, be considered discriminatory. Somehow, that seemed to get their attention.

They advised me that would be making a policy around the issue for all disabilities and provided me some with free bus passes in the interim. Which was fine, except that was quite a while ago, the bus passes have long since been used up and I need to call them back again and get them moving on this issue. Just one more time and place when I have to do someone else's job.

But fortunately, and the reason why I am now writing this post, I will now have some backup when I make that call and write that letter.

Today the Canadian Transportation Agency (CTA) released a landmark decision concerning the right of individuals with disabilities to travel by air without having to say for a second seat, for an attendant or other use, to accommodate their disability. In a historic decision in the “One Person, One Fare” case, the agency has recognized the right of these individuals to have access to a second seat when traveling by air in Canada without having to pay a second fare.

Sometimes, I like to convince myself that I haven't simply been procrastinating (or more accurately, been too overwhelmed to finish what I started in a timely manner) but that it's all fate, you see ... of course, I hadn't been aware of it but I had just been waiting for this decision to be released so I would have some good quality ammo on my side for the next time we spoke.

The media release from the Council of Canadians with Disabilities can be found here.

Read it, Preach it, Use it!

Dominique's Story

After posting about The Picture Cookbook, I went back to reread Joyce's biography, followed a few more links and viola!

Dominique's Story ~ The Long Road to Functional Independence

This is the story of Dominique, Joyce's autstic daughter, for whom the cookbook was first made. It's nice read about another of our kids and how she and her family have gotten from there to here.

Do check it out.

The Picture Cookbook: Independent Cooking for People with Special Needs

In one of those strange twists of fate, I just came across this picture cookbook, co-authored by a former colleague, Joyce Dassonville. You might recall me speaking of Joyce taking on the Department of Community Services, and just about anyone else you can think of, in her fight to get services for daughter with autism.

At any rate, it appears that Joyce, along with her son, has now authored a cookbook for the special needs community. I can't critique it because there's not much information given on the site and I haven't spoke to Joyce in a long time, not since she moved back to British Columbia. But I do know that, as the site states, her daughter has low-functioning autism and I assume the book was written as a tool for Dominique.

So should you ever be passing be passing through a bookstore and see the title, you might just want to check it out. And if you ever do, I would be interested in hearing your thoughts.

Update: I see that Joyce is also working on a second book, The Other Side of Pandemonium (The Hidden Face of Autism). So you might want to check that out too. A brief biography on Joyce can be found here.

What Good Is A RESP To Our Child?

I really need to dig into my black bag (don't ask; it's a perfectly legitimate and explainable reference but just don't ask) to get moving on some new topics but unfortunately work and personal commitments make that just not feasible at the moment.

But in the meantime, I offer you these little gems I dug up at Ken Pope's site today:

The Long-term Benefits of RESPs

and

Using Registered Education Savings Plans For a Child with Developmental Disabilities

That's right, RESPs for our children with disabilities.

These days, with more changes occurring both with RESPs themselves and in post-secondary education, RESPs are looking like much better investments for the disability community. In the above articles, Mr. Pope notes the government grants (that's free money added to the fund by the government) available and the guarantee that at least some, if not all, of your capital will be returned if your child does not go on to post-secondary education. In addition, most, if not all, such funds are also transferable to another eligible child. And you might just be pleasantly surprised (I know I was) to see the advances that are being made in making post-secondary education more accessible to our children, be they challenged physically or mentally.

For example, I have attended numerous disability workshops over the past couple of years where representatives of the Nova Scotia Community College and Acadia University have made presentations concerning their services for students with disabilities. In fact, I probably could and will, at some point, do a series of posts just on that subject.

But I was quite impressed to find that the NSSC, for example, offers both 'accommodations' (allowing a student to graduate with a regular diploma) and modified programs [similar to the idea of the Individualized Program Plans (IPPs) offered in the public school system] which would allow even some IPP students to attend Community College and 'graduate' with a 'list employment skills'.

We purchased a RESP for our oldest child before we knew she had any disabilities. And there's been times over the years that I've wondered in passing if we were just throwing our money away. But now, not only do I know that I can transfer those funds to my younger child, if need be, but I actually hope that the oldest might just be able to access some form of post-secondary education. Only time will tell if that hope is realistic. But either way, I'm glad now that we kept up with the RESP.

And if you're looking for more reading material on other disability-related topics, a list of other articles from Mr. Pope's site can be found here.

Big News ... New Class Proceedings Act for Nova Scotia

Nova Scotia has finally passed a piece of legislation authorizing 'class actions'. Most provinces in Canada have such legislation, which allows one or two individuals to go forward as plaintiffs, representing not just themselves but also others whose claims raise a common issue.

The court can 'certify' a proceeding as a class proceeding even though

• the relief claimed includes a claim for damages that would require individual assessment;
• the relief claimed relates to separate contracts involving different class members;
• different remedies are sought for different class members;
• the number or identify of each class member is not ascertained and may not be ascertainable; or
• the class includes a subclass whose members have claimed not shared by all class members.

From the lawyer's point of view, this makes it much easier and more effecient to bring forward the case of, for example, one child with special needs who is suing the school board for failing to accommodate his disabilities in a situation where you know there are other children who also have a similar claim against that same school board. Or, for another example, the situation of a challenged person bringing suit against the Province in the person of the Department of Community Services for failure to provide them with services to which they are entitled under the Services for Persons with Disabilities program when there are other individuals in the Province with similar claims and causes of actions.

Now one person can take the case forward on behalf of the others with the result that not only is it brought to the court's attention that this isn't just an isolated 'one-off' occurence or problem [and never underestimate the importance of that little tidbit], but also, if successful, the judgement and order against the defendant should benefit all members of the class, be it a declaration of rights or a montetary judgment.

Prior to this, Nova Scotians in such a situation could only proceed by way of a representative action, a much more cumbersome and less satisfactory route. One point to note, however, is that even though the Class Proceedings Act has been passed, to the best of my knowledge, it has not yet been proclaimed. That must still await the government's pleasure ... in other words, they will do it when they get around to it.

So This Is Christmas

Merry Christmas!

I just wanted to take a moment to wish you and your families a Very Merry Christmas.

Take this time to catch your breath, relax, behold and appreciate your children's happiness, however they may show it. And hold your children and these memories tight. That they may they help sustain you in the days ahead.

May you and your family have a peaceful holiday filled with joy and love.

They Did It!

So much for attempting to change the subject...
This arrived in my inbox from PLAN today.

Public Policy Update December 2007

WE DID IT!

RDSP receives Royal Assent

After an 8 year campaign, PLAN’s proposal for a Disability Savings Plan is now a fact. On Friday December 14th the RDSP received royal ascent after passing third reading in both the House of Commons and the Senate.

The RDSP is historic and noteworthy for a number of reasons:

Canada is the first country in the world to offer a Registered Disability Savings Plan.

The Federal Government has budgeted $115 million in matching Canada Disability Savings Grants and Bonds in for 2008-09.

An estimated 700,000 Canadians with disabilities and their families will be affected.

Provincial Governments will be forced to the asset limits for disability benefits and to eliminate claw-back. (See sidebar for changes already made by the Government of British Columbia.)

The Federal Government has emphatically declared that they trust families and people with disabilities. There are no restrictions on what the RDSP can be spent on.

PLAN is now working with financial institutions and the federal government to ensure the RDSP is offered as a "product" in every financial institution in the country as quickly as possible.

Write and thank Federal Minister Flaherty for his commitment to people with disabilities and our families.

So great news, that!

As I understand it, PLAN has been a, make that the, leader in having the Federal government create the RDSP.

So, if you're interested in helping them continue with their good work

Three Ways to Support Our Voice in Ottawa

• Become a PLAN Associate, get great benefits and support our public policy voice.


• Become a monthly donor and make a supporter of our work to ensure that people with disabilities are able to live good lives.


• Make a year end donation to PLAN and enable us to continue to work in Ottawa to make it easier for families achieve peace of mind.
  
  
  -------------------------------------------------------------
  Contact Information:
  
  Planned Lifetime Advocacy Network (PLAN)
  #260-3665 Kingsway - Vancouver BC V5R 5W2
  Phone: 604.439.9566 - Fax: 604.439.7001
  Email: inquiries@plan.ca - Website: http://www.plan.ca
  

It's About Time For A Nova Scotia Family Pharmacare Program

And now for a complete change of topic ...

My fellow Nova Scotians will be pleased to know that the Nova Scotia Family Pharmacare Program will come into effect on March 1, 2008. All residents of the Province with a valid Nova Scotia Health Care are eligible for the program which covers certain prescribed drugs, supplies and related services, as listed in the Nova Scotia Formulary.

The value to each family will depend upon the family's size and income. Although there are no yearly premiums, there is an annual family deductible and co payment. The co payment is 20% of the cost of each prescription (which compares favourably to a lot of private insurance plans in which which the plan pays 80% of the cost of the drug and the individual pays 20%).

An easy-to-use and useful electronic calculator is available on the site which can be used to help determine your family's annual deductible.

But remember that even if you have private health coverage, you may still benefit under the provincial Plan. Anything you are required to pay out of pocket under your private plan (ie. a deductible or a co-pay like the 20% in the example above) can be used to count towards your Family Pharmacare deductible and a further portion of the cost might then be paid by the Family Pharmacare Program once their deductible has been met.

You must, however, register for the program by completing a registration form and mailing or faxing it to

Nova Scotia Family Pharmacare Program
PO Box 9322
Halifax NS, B3K 6A1
Fax: (902)-468-9402

The registration form can be found here.
And a Frequently Asked Questions page can be found here.

Hi Ho, Hi Ho, Its Off To BC We Go

I was just thinking that it looks like we might just have two choices.

Either we all move to British Columbia or we get hard at work at lobbying our own provincial governments to follow in their footsteps. To ensure that they too fully exempt the federal government’s Registered Disability Savings Plan when calculating eligibility for disability assistance.

For those of us in Nova Scotia, you can start here or go directly to her. Time to pony up and lobby, folks!

The RDSP ... Just Another RRSP?

As important as they are, I know its time to move on to some new topics, beyond the Registered Disability Savings Plans (RDSP) and the Henson Trust. But I wanted to share with you one more thing I came across today regarding the RDSP.

A few weeks ago I had posted a question on the RDSP blog. And then went merrily (after all, 'tis the season) on my way. But I went back today to check for an answer.

Michelle Says:
November 24, 2007 at 4:39 am
I have heard conflicting reports as to whether the RDSP is ‘just’ a RRSP for persons with disabilities or something more. In other words, can payments be made out of the plan to the beneficiary before the beneficiary reaches the age of 60 or only after?
Thanks for all your hard work with this.

Dennis Mullins Says:
November 27, 2007 at 2:09 am
Payments can be made out of the plan before age 60 but any grants or bonds plus accrued income for the last 10 years must be payed back. Also the maximum payment formula takes into account the beneficiary’s age so the younger the beneficiary the smaller the maximum yearly withdrawal.

Unfortunately, I'm not familiar with who Dennis is so you might want to take his response with a grain of salt. But for what it's worth, it's probably as close to a real answer as I've really gotten to that question yet. Still, I hope to have a better 'source' on the issue in the near future. In the meantime, once again, now you know what I know.

A Guide to Wills, Trusts and Estate Planning

I came across a nice article today on our favourite topic de jour.

WILLS, TRUSTS, AND ESTATE PLANNING: A GUIDE FOR PEOPLE WITH DISABILITIES AND THEIR FAMILIES

It covers Wills, Powers of Attorneys, the Henson Trust, Guardianship and what you need to think about before you visit a lawyer in regard to these topics. It also appear to cover in some detail the issue of picking the trustees for a Henson Trust, a very important point when you consider that you are giving the trustee(s) absolute and complete, 100% unfettered discretion as to how much, if any, of the funds in the Trust will actually be distributed to the beneficiary (likely your disabled child).

Although written by members of an Ontario law firm, Siskinds, the majority of it should translate out for the rest of the country. So go get a cup of coffee, sit back and prepare to be educated. Some more.

The other thing I have been hearing a fair bit lately locally is the question of "Who?". As in

"Who do I go to? Which lawyer should I go to in order to have this done?"

As I've noted before, not all lawyers are necessarily up to snuff in this area of the law. And you really do want to make sure you that you hire someone who can give you the best value for your money. Who will get it done right.

I've been hesitant to make concrete suggestions on the subject up until now. So let's try this. If you live in Nova Scotia and want to stay with a lawyer in this Province, I would suggest contacting your local disability organization [ie. Nova Scotia Down Syndrome Society, Schizophrenia Society, Epilepsy Association or other appropriate organization] and see if there is anyone they might recommend. If that doesn't work, I know that Mr. Paul Miller, a lawyer in Bedford, use to do a lot of this work. Having met him once and knowing his reputation, personally, I wouldn't hesitate to take this type of work to him.

And for the big bang, I can do no better than to recommend Mr. Ken Pope, he of the Disability and Estate Planning Seminar, whose presentation resulted in the majority of these posts. Mr. Pope is licensed to practice across the country, meaning that he can act as a lawyer in Nova Scotia or British Columbia, as easily as he can in Ontario. And seeing as he's the one that taught me the majority of what you've seen in these pages for the past few months, maybe not such a bad idea.