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32 | (2) staff interviews revealed the licensee is the POA for R1 for Financial Management and receives R1’s SSI. (1) administrative staff revealed the licensee currently manages R1’s finances, has access to R1’s bank account, and pays R1’s rent. (1) administrative staff revealed the facility does not have a surety bond or ledger for finances managed for R1.
Per California Code of Regulations (CCR) Title 22, the licensee of a facility cannot be designated as a resident’s Power of Attorney. The licensee can be designated by the social security administration as a resident’s payee and must document and account for the funds received. Therefore, based on interviews and records reviews the allegation that the licensee was misusing the resident’s finances is substantiated at this time.
It was alleged “Facility staff are making medical decisions on behalf of the resident.” It was alleged the licensee was providing medical consent for R1 for medical procedures. It was alleged R1 was unable to provide consent and that the licensee was R1’s POA.
The department attempted to conduct an interview with R1 who was not alert or oriented during the interview. LPA attempted to interview the licensee who was not available at the time of the visit.
Interview with (1) administrative staff revealed the licensee was making medical decisions for R1, until they designated another staff member as R1’s POA over Health Care. Interview with (1) confidential witness revealed the licensee provided medical consent and signed medical consent forms for R1. File review revealed POA documents dated 05/07/2024 signed by the licensee designating a staff member as the POA for Health Care. Therefore, based on interviews and records review the allegation that the licensee is providing medical consent for R1 is substantiated at this time.
The preponderance of evidence standard has been met, therefore the above allegations are substantiated. California Code of Regulations Title 22 is being cited on the attached LIC 9099 D. An exit interview was conducted, and a copy of this report LIC 9099D, and appeal rights were reviewed and provided.
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