Who Can Act for Your Resident?

Who Can Act for Your Resident? What Are They Required to Do? Guardianships, Powers of Attorneys and Supported Decision Making in Post-Acute Care

Overview:

What are your options if a bad actor is in place? Often residents are no longer able to capably handle their own financial and health care decisions. This lack of capacity can have significant legal and financial consequences for the provider, including securing payment and Medicaid benefits. The resident may not be able to execute contracts, access income or resources, or make decisions regarding health and finances. Administrators, Executive Directors, and in-house counsel for providers are frequently placed in the middle of identifying who can act and assessing what powers certain legal documents grant (and do not grant) to family members. We will also cover supported decision-making agreements that a resident can sign that further confuse who providers should look to for decisions.

CE’s: NHA & SW

Presenter:

Sean J. Fahey, Health Law Attorney, Hall, Render, Killian, Heath & Lyman, P.C

Sean helps skilled nursing facilities, assisted living facilities, home health providers, and hospice providers navigate regulatory and compliance matters. Sean represents clients in all areas of health care compliance, governance, transactions, Medicare enrollment, administrative appeals, agreements, accounts receivable, and reimbursement recovery. Sean counsels nonprofit clients on charitable operations and governance. Sean frequently speaks before national and state healthcare providers and associations on assisted living and skilled nursing facility issues.