What actions does a state Ombudsman take?
If someone contacts their state Ombudsman with concerns over gaps in care of a family member in MC, what exactly are the actions the ombudsman would take?
I guess I am wondering how much they might "use" the name of the person who contacted them? Are they just a 'pass through' to other agencies like APS or the police? Is their purpose more about licensing infractions of the facility?
Also, would they visit the facility to make their own assessment and upon drawing their own conclusions talk to staff there citing the incident(s) from their view?
I posted last week about concerns in gaps I have seen in my mother's care in MC. Those of you who replied were all consistent that what I had noticed was "not normal" for level of care. So now I am weighing my options on what I might do about it.
My mother is still living there and I am not POA so I have no leverage to move her or make decisions on her behalf. As such, staff mostly never communicates with me, but I do not want to get sideways with staff or make things worse for my mom. I also do not want my name to be dragged into any tug of war.
Thank you.
"If you contact your state Long-Term Care Ombudsman about concerns in a memory care facility, here’s what usually happens:
1. Intake & Listening
The ombudsman (or a representative) will talk with you to understand exactly what the concern is — e.g., missed medications, hygiene neglect, lack of supervision, safety issues.
They’ll ask for specific details: dates, times, who was involved, and whether your loved one is in immediate danger.
They will also ask if you have permission from the resident (or legal authority like POA/guardianship) to proceed, because their role is to advocate for the resident’s wishes, not just the family’s.
2. Resident-Centered Consent
If the resident can communicate and consent, the ombudsman will seek their permission to investigate.
If the resident has dementia and cannot give informed consent, the ombudsman can still investigate but will work within privacy and legal guidelines.
3. Investigation
The ombudsman may visit the facility in person — sometimes unannounced.
They will speak directly to the resident (if possible), staff, and sometimes other residents.
They’ll review relevant facility records or care plans, but they do not have the same legal power to subpoena documents that a regulatory agency does.
4. Problem-Solving & Advocacy
The ombudsman’s role is to advocate for the resident’s rights and preferences, not to punish the facility.
They will try to resolve issues informally first:
- Bringing concerns to facility management
- Clarifying misunderstandings about care plans
- Ensuring the resident’s needs are documented and met
If the issue suggests serious neglect, abuse, or rights violations, they may refer it to the state licensing agency or Adult Protective Services for formal investigation.
5. Follow-Up
They’ll follow up to check if changes were made and whether the gaps in care have been addressed.
They will keep your identity confidential unless you give permission to share it.
What the Ombudsman Does Not Do
They don’t regulate or license the facility (that’s done by the state health department).
They don’t force legal action — their work is focused on mediation and advocacy.
They can’t override medical decisions but can ensure the care team hears and respects the resident’s rights and preferences.
In short: They investigate, advocate, mediate, and, if necessary, refer to enforcement agencies — but their main tool is resident-focused problem-solving, not punishment."
I'd suggest that you figure out what you want for your mother.. Do you want to move her to another MC? Maybe she might need a LTC facility now., do you know which one? Look into it all, so you know which facility you'd want her to go to. Alternatively, do you plan on taking care of her yourself, instead? Just have a workable plan you can propose.
Then I would talk to your sister about it. Just don't go off complaining to her about what's going on telling her she should be doing this that or the other thing. It won't be well received.
I can also add that I do not have POA for my father, but if I don't like something going on at his nursing home, they hear from me. I get stuff done despite not having that signed document. If you do not like what's going on, as a daughter you are entitled to raise holy hell. You do not need to be POA to do that.
I just do not think she is doing the diligence needed. I posted about this gap in my post last week. Literally - last week I went to visit my mom and saw my sister leaving in her car. So, she had just been there in the same environment I was walking into. What I saw in my mom's room was no ADLs, no toilet paper, no toothpaste, no towels out at the sink for hand washing, and no washcloth or shower sponge in the shower. There was a dirty towel on the floor by the shower stall that looked like they were using it for a bathmat, but it was not slip-resistant.
I then looked at her bed and it was a disaster area. Blankets were bunched up in the center of it, there was a dry urine-stained square pad on it and a towel was folded beneath it for what I assume was extra absorbency. The mattress was stained. There was a pink shower sponge at the end of the bed along with a scarf. There were no sheets on it. The comforter was folded up in the closet. I am not sure who is responsible for ensuring her bed is appropriately made. That is the condition my sister with POA left my mother in.