Delayed Referral for Probate Conservatorship for Resident Lacking Capacity
Penalty
Summary
The facility failed to timely submit a referral for probate conservatorship for a resident who lacked decision-making capacity and had no family or friends involved in her care. The resident, who had diagnoses including encephalopathy, cerebral infarction, and schizophrenia, was assessed as severely cognitively impaired and dependent on staff for daily activities. Despite being determined by her physician as unable to make medical decisions in November 2024, the referral for conservatorship was not made until three months later, after an Interdisciplinary Team (IDT) meeting. During this delay, the clinical IDT was responsible for overseeing the resident's care, as there was no appointed conservator or surrogate decision-maker. Both the Social Services Director and the Director of Nursing acknowledged that the referral process should have been initiated immediately upon determining the resident's incapacity and lack of involved family or friends. The facility's policy required prompt appointment of a personal representative for residents lacking decision-making capacity and without a surrogate, but this was not followed in a timely manner for this resident.