1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32 | Regarding the allegation, “Staff placed resident in the memory care unit without proper authorization”; it is the concern of the Reporting Party (RP) that starting in December 2024, Resident 1 (R1) a resident of high intelligence, with no significant memory issues asked facility staff for a transfer from their memory care (MC) room to an assisted living (AL) room and facility staff denied their request. It was further alleged that R1’s emotional health has declined due to living in the memory care unit and a lack of socialization opportunity. R1 has no interest in attending memory care activities as they are unchallenging and uninteresting to them and has reported “a depression” that lasted a few days after “being allowed” to go into the assisted living side of the facility to do activities. Facility staff continue to defer to R1’s, Power of Attorney for health care, who states that R1 has "frontal temporal dementia" and needs memory care. Furthermore, it is alleged that R1 denies having dementia and has stated the dementia diagnosis has been determined by a neuropsychologist to be in error and they have in their possession a multipage cognitive assessment made on 8/13/24 by Dr. Robert Duff from Insight Neuropsychology stating R1 does not have "frontal temporal dementia" or any other dementia. To investigate this complaint LPA Cortez reviewed R1’s records and conducted interviews.
A review of R1’s Admission Agreement signed by R1’s POA and dated 07/31/24, revealed that R1 was admitted to the facility with a Care Authorized Representative who is their POA. File review revealed that R1 has a signed Advanced Health Care Directive and Durable Power of Attorney dated 06/2007, designating their POA for health care to make health care decisions for them in their name as authorized in the Directive, in the event they become incapacitated. As per the Directive, R1’s POA has the power and authority to make decisions as to personal care for R1, which includes making decisions relating to their personal care, but not limited to, determining where they will live, providing meals, and hiring and supervising household employees and other service providers. File review also revealed that R1 has a letter from a physician indicating R1 is not capable of making their own decisions regarding medical treatment or financial matters, dated 05/24/2024, and has a Determination of Incapacity, dated 09/04/2024, signed by a licensed physician indicating that R1 is incapacitated and unable to handle their own financial affairs.
A review of R1’s admitting physician’s report, dated 05/29/24, indicated R1’s primary diagnosis was listed as frontal temporal dementia. The report indicated R1’s mental condition as confused/disoriented when sundowns, has sundowning behavior, and R1 is not able to leave the facility unassisted. A review of R1’s Neuropsychological assessment, dated 08/13/24, revealed that R1 underwent a neuropsychological assessment on 07/05/24, to evaluate their cognitive function. Report will continue on LIC9099-C, 3rd page.
|