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32 | continued from LIC-9099C
The previous ED explained that after making the necessary contacts, including with R1's emergency contact W2 and financial advisor W3, an unrelated individual, referred to as W1, became involved and was designated as R1's medical POA on 3/8/2024. The previous ED expressed concern that this individual, who was not previously known to the facility or listed in R1’s documentation, could be potentially taking advantage of R1. The previous ED also contacted W2 3/14/2024 R1's emergency contact to discuss the situation further. Subsequently, R1 was taken for a medical evaluation on 3/27/2024, where it was confirmed that R1 had dementia and was unable to manage medications, leave unassisted, or access grooming items.
LPA reviewed the visitor log for 3/8/2024, which showed that a notary signed in to visit R1, the same day W1 was listed the new POA, although there was no sign in for W1. The previous ED stated that their concern was that, due to the involvement of an individual who was not previously known to the facility and who was unrelated to R1, there was a potential risk of R1 being exploited. However, the previous ED adhered to the appropriate procedure by contacting R1’s emergency contact, as indicated in R1's original documentation, and did not interfere with the POA designation.
Although there were concerns about R1’s cognitive decline and the involvement of an unknown individual, there is insufficient evidence to support the allegation that staff interfered with the designation of a responsible person for the resident. The previous ED followed the appropriate steps, as outlined by the documents approved by R1, and contacted the correct parties in response to the concerns raised. Therefore, the allegation of “staff interfering with the designation of a responsible person for the resident” is UNSUBSTANTIATED.
Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED.
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