Housing Options: How to Support a Senior Who Is Losing Their Autonomy?

If a senior that’s close to you seems to be losing their autonomy or is having difficulty living by themselves, you might have some questions. You may want to know how you to best support them. You may also want to know who can decide where they live. To know more about how to navigate these situations with your loved one, keep reading.

What to do if you’re worried about a loved one?

If you’re worried for the health and safety of a senior close to you, you be involved in the decision making process of whether to move out or stay at home. The senior is the one to decide where they want to live, as long as they understand the impact of their choice.

• If your loved one understands, their choice must be respected, even if you or professionals think another option would be better.
• If you think your loved one doesn’t understand, you need to take legal steps to determine who can make decisions for them.

In any case, you’re allowed to share your concerns with the professional responsible for the senior’s medical follow-ups. If you have their contact information, reach out to them directly. You can also contact the senior’s closest local community services centre (CLSC) by dialling 811 and choosing option 2.

How to know if your loved can choose their housing?

Requesting evaluations

Sometimes, dementia or Alzheimer’s can affect a person’s ability to understand the impact of their decisions on their health. To know if the senior can make decisions on their own, you can request a medical and psychosocial evaluation.

You can request these evaluations from your loved one’s family doctor or health care facility. Examples of health care facilities include hospitals, long-term care centres (CHSLDs), and local community services centres (CLSC).

During these evaluations, health professionals will check if you loved one:

• understands their illness or health issues,
• understands why it’s being suggested to live elsewhere,
• knows what the housing environment looks like (for example, a CHSLD),
• understands the pros and cons of living alone or living elsewhere.

Your loved one can decide

If the evaluations confirm that your loved one can make their own decisions, it will be up to them to choose where they live. You must respect their decision, even if you disagree.

Your loved one can’t decide

If the evaluations confirm that your loved one can’t understand their choices and the consequences, you must ask the court to declare them “incapacitated”. This means they’re not able to make their own health care decisions.

The court will base themselves on the evaluations to make its decision. If your loved one is declared incapacitated, another person will have to choose where they live. Your loved one’s incapacity can be permanent or temporary. The court must consider this when making their decision.

Who can choose your loved one’s housing?

If the evaluations conclude that your loved one can’t choose where to live and they’re declared incapacitated by the court, you must take certain steps to know who will be deciding for them.

Step 1

Check whether your loved one filled out an official document called a “protection mandate”. This document may name a person to make decisions for your loved one, if they become incapacitated. For the document to take effect, it must be “homologated”, which means approved by the court.

Step 2

If your loved one doesn’t have a protection mandate, you can check if they’re under a “tutorship”. Tutorship is another way to protect incapacitated people. Under a tutorship, the tutor that’s chosen by the court will have to make decisions about where the senior lives.   Accessing the Public register of representation measures – Curateur public du Québec.

If you want to know whether a tutorship would be appropriate or how to request one, you can consult our article on the steps to establish a tutorship.

Step 3

If there is no protection mandate or tutorship, your loved one’s partner can take the decision for them. Otherwise, it can be a close relative or another interested person. As a last resort, the court can name a public curator as a tutor or a temporary representative.

What to do if the chosen decision-maker can’t act, if you disagree with their decision, or if someone refuses the proposed housing?

When the person responsible doesn’t act or refuses housing

If the person responsible for making decisions can’t act or doesn’t want to act, the court will step in. The court also acts when this person refuses housing that’s in the senior’s best interest.

Often, the senior’s health care facility will take the necessary steps in court. Check with healthcare professionals looking after your loved one or with their health care facilities (hospitals, long-term care centres (CHSLDs), or local community services centres (CLSC).

When your loved one refuses housing

If your loved one still refuses a housing option that’s needed for their health, the court will decide. The person responsible can ask the court to enforce the housing decision.

To make their decision, the court will consult your loved one and people close to them. They will also consider the opinion of experts and any other interested person. The court’s decision must be respected, even if others believe another housing arrangement would be better.

Caregivers: You can get help

Helping a loved one choose their housing arrangements can be challenging. For more information on housing options to better support your loved one, consult our articles and guides.

If you’re a caregiver, there are legal tools to help you. For example, you may be entitled to a leave to help you take on your responsibilities as a caregiver for a loved one.

Useful resources