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32 | Interview with S1 who noted that R1, suffering from dementia. Furthermore, there is an ongoing investigation by Adult Protective Services (APS) concerning R1’s property and allegations against R1’s Power of Attorney (POA), regarding financial mismanagement. The Ombudsman intervened to protect R1’s bank account by making it solely under R1’s name, excluding POA and another individual, while the next court hearing is scheduled for January 2025.
Additionally, other interviews indicated that facility staff acted accordingly to protect R1 when allegations of elder abuse were made against R1’s POA.
Document review revealed that a judge had ruled that the documents signed under the Ombudsman’s direction at Jackson Hills were invalid, and those documents prepared in 2022 were still considered valid. A further document review confirmed that R1 has advanced dementia and was assessed as no longer competent to make medical or financial decisions independently. R1 was determined to need an attorney or legal agent present for any decision-making.
Although R1 suffers from advanced dementia, the signing of legal documents was deemed necessary by the Ombudsman due to allegations of elder abuse against R1’s POA. Interviews revealed that facility staff acted as witnesses during the signing process and were following the Ombudsman’s instructions to ensure R1's safety and protection. The facility was protecting R1 from the allegation of financial exploitation and ensured that no coercion occurred during the signing of the legal documents. There is no clear evidence to support the claim that facility staff coerced R1 into signing the documents, therefore, the allegation was deemed UNSUBSTANTIATED. Note that an unsubstantiated finding means 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.
Based on today’s visit, no deficiencies are being cited.
Exit interview was conducted with Cheryl Boehme and a copy of this report and appeal rights were provided.
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