Failure to Obtain Informed Consent from Court-Appointed Conservator for Psychoactive Medications
Penalty
Summary
The facility failed to ensure that the court-appointed Conservator, assigned by the Los Angeles County Office of the Public Guardian, was informed of the risks and benefits of psychoactive medications prescribed to a resident with schizophrenia and severely impaired cognition. Instead, informed consent for the use of Quetiapine Fumarate and Aripiprazole was obtained from the resident's family member (FM), not the Conservator, despite documentation indicating the Conservator was the legal decision-maker for the resident. The resident was dependent on staff for all activities of daily living and had a diagnosis of schizophrenia with severe cognitive impairment, as documented in the Minimum Data Set and admission records. Record review showed that the facility's policy required identification of a surrogate decision-maker, including public guardians, to provide informed consent for treatment. However, the Director of Nursing acknowledged that staff were unaware of the Conservator's appointment and obtained consent from the FM instead. As a result, the Conservator was not informed about the resident's prescribed psychoactive medications and was unable to make decisions regarding the resident's care, contrary to legal and facility policy requirements.