Failure to Notify POA Before Facilitating Guardianship Paperwork
Penalty
Summary
The facility failed to inform and involve a resident's designated Power of Attorney (POA) before facilitating the completion of guardianship paperwork for another family member. The POA, who was listed in the resident's records as the healthcare agent, responsible party, surrogate decision maker, and emergency contact, was not notified or consulted when a non-POA family member requested and received a completed guardianship evaluation report from the facility. The Social Services Director received a legal guardianship form from the non-POA family member and, without seeking authorization from the POA, passed it to the Administrator, who then facilitated its completion by the resident's physician. The completed form was subsequently provided to the non-POA family member. The resident involved was cognitively impaired, as documented by a SLUMS assessment and care plan indicating impaired judgment. Despite this, there was no documentation or expression from the resident regarding a desire to change guardianship. Both the Social Services Director and Administrator acknowledged that they should have honored the wishes of the designated POA and notified her for consent, as required by facility policy, but failed to do so.