Failure to Honor Resident's Power of Attorney for Financial Decisions
Penalty
Summary
The facility failed to ensure that a resident's designated power of attorney (POA) was able to exercise financial decision-making rights on behalf of the resident. The resident, who was moderately cognitively impaired with diagnoses including dementia and muscle wasting, was admitted to the facility for short-term rehabilitation. The admission agreement and facility policies recognized the rights of resident representatives to manage financial matters, but the facility did not properly acknowledge or facilitate the POA's authority during the resident's stay. Upon admission, the facility did not have documentation of the POA, despite the family member (Family Member A) presenting as the financial POA and being listed as such on the admission sheet. The facility staff claimed there was no family contact and no POA on file, and subsequently arranged for the resident's social security direct deposit to be changed to an account under facility control. This occurred even though the POA document, appointing Family Member A as attorney-in-fact for financial and legal matters, was drafted months prior and later presented to the facility. Communication between the family and facility staff revealed confusion and lack of recognition of the POA, with the Social Services Director rejecting the completed POA paperwork and requesting a new document. Interviews with facility staff indicated that there was difficulty contacting family members and uncertainty regarding the resident's capacity and wishes. The resident was described as providing conflicting information and expressing uncertainty about admission decisions. Despite the POA's attempts to clarify their status and manage the resident's finances, the facility proceeded with financial arrangements without proper involvement or consent from the POA, contrary to facility policy and the resident's rights.