Category Archives: Responsible Parties

Guardianship Petitions by Long Term Care Facilities

This blog post explains how long term care facilities (LTCFs) can consider utilizing guardianship and conservatorship petitions for problematic situations where a resident has named an agent under a power of attorney (POA), and the agent fails to pay the resident’s bills, thus jeopardizing the resident’s wellbeing. Independent living facilities, assisted living facilities, and nursing homes traditionally take steps to ensure that residents have enacted financial POAs, as well as healthcare POAs, upon admittance. What happens when an agent named under a POA fails to make payments for the resident’s stay at the LTCF? The LTCF can sue the resident, …

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When Catastrophe Strikes

A memory care resident believes he is in the trenches in World War II and severely beats another resident to death. A night shift staff member sexually assaults a resident. A nurse steals personal belongings and convinces memory care residents that they misplaced the property. A resident elopes and is hit by a train. These are scenarios that have arisen with facilities and the response is always to implement a plan of action. The plan of action starts with identifying a response team. The response team should typically consist of the Administrator, Director of Nursing, Social Worker and public relations …

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