Is it legal for the head of a nursing home to apply for guardianship of a patient which would take away the patient's right to make personal

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or financial decisions?


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I wouldn't think this is a good idea. Is there no family? If that is the case, a court appointed guardian may be appointed, but I would wonder if that person should be the head of the nursing home. There seems to be a conflict of interest here.

An attorney should be consulted.
I am an estate planning attorney and my initial reaction is to be concerned when a facility seeks guardianship with respect to one of its patients. Does the patient have any family members or friends who are willing to serve as guardians? In which state is the patient located?
sounds fishy to9o me. investigate this one!
Guardianship through the courts a number of controls including pre-approved budgets and oversight. This is far different than a Durable Powers of Attorney. In most states she wouls have to take the guardianship test. While I agree that the head nurse may have a potential conflict of interest, if this patient is on Medicaid there is little that can be 'taken." This sounds more like they have a patient with no immediate family and need to make medical decisions and possible placement, Hospice and execute DNR documentation. A public guardian may be the best solution, but the court is wise enough to understand why this may be going on based on the patient's condition. Prudence is not even to have the slightest iota of conflict, but in the absence of knowing more, I wouldn't categorically rule it out.
Guardianship is a very serious position, appointed by a court to an individual for the care, and disposition of needs of another individual. You may recall that former Sen.Kennedy's son was appointed as guardian for his mother. She was not hopitalized. I personally have never heard of an employee of a hospital, nursing home, hospice or any other facility taking over guardianship of one of its patients! Talk about conflict of interest!
Why not petition the court for guardianship by an individual who has the best interest of the patient at heart?
The court will appoint an attorney to represent the person that guardianship is being sought for. It is not taken lightly by the courts, and does not strip a person of all rights, the process is there to ensure that there is a real need, with oversight from the legal system.

For the record, it doesn't matter who applies for guardianship - legally it is up to the court to decide whether or not guardianship is warranted and the specific person applying to be the guardian is in the patients best interest. That means all known relatives must be notified in advance and an investigation must be done with a report filed prior to the court date. They look carefully at the petitioners motives and past behaviour, and have the right to revoke guardianship depending on yearly reports from the probate investigator.

The person at the nursing home, especially if they are licensed administrators would be under extra scrutiny because of the nature of the relationship. If you have any objections, you have the right to attend the court hearing and state reasons why you object.
Whew! I would be very wary of ANYONE in a nursing home who seeks guardianship over another person.
Can't you find anyone in the family or someone you trust (legal, financial, medical ) who could assume this duty?
I have guardianship of my father and he lives with me until recently when I had the choice of supporting him and wainting more months for reimbursement if I get reimbursed at all or an assisted living facility. With a guardianship an attorney is necessary for court filings. Even though I have an attorney I have not been remibursed for any expenses which have been many ie daycare, clothes, hygiene products since he came to live with me October 9, 2010. I truly believe a guardianship benefits the court and attorney income and leaves the guardian stunned with the amount of time a simple request for reimbursement takes. My family is forced to let the courts determine our financial wellbeing since over $7000 has been spent and easily accounted for with receipts and still we wait for reimbursement. Choose a POA and if your parent does not want to participate in the POA then give them time on their own to plan for their old age because demential comes fast and quick and is not reversable in my experience.
No, this is not legal, moral or ethical. The head of this nursing home knows this. Call the area Ombudsman for further advice and direction as to a certified guardian not affiliated with the nursing home.

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