Failure to Assist Resident with Social Service Needs for POA and Legal Aid
Penalty
Summary
A resident with a history of cognitive impairment and recent physical decline expressed a desire to revoke an existing Power of Attorney (POA) and pursue a divorce, as communicated by a family member to the facility. The Director of Nursing was informed of the resident's request for legal aid, and the matter was relayed to the Social Services staff. The Social Services staff followed up with the resident, who verbally confirmed his wish to revoke the POA and proceed with the divorce, indicating another family member as the preferred new POA. The Social Services staff believed the new POA documents were with the out-of-state family member and informed the resident that he would need to obtain these documents and manage the divorce process independently. Despite the resident's ongoing requests and his declining cognitive and physical abilities, there was no evidence that the facility made a referral to the Ombudsman or provided assistance in securing legal aid, as required by facility policy. The Ombudsman confirmed that no referral had been received for the resident. The facility's policy mandates making referrals to social service agencies as necessary, but this was not done, resulting in a failure to assist the resident with his social service needs.