Who Can Consent for Residents Diagnosed with Dementia in an RCFE?

Knowing who is legally authorized to make decisions for a resident diagnosed with dementia can be confusing. Assisted living and residential care providers may find themselves trying to understand a resident’s wishes, while balancing requests from family members or responsible parties.

Fortunately the California Department of Social Services has created a simple chart that summarizes the legal decision-making authority of durable power of attorney, conservatorship, and responsible party. Who can consent to wearing egress alert devices? Who can decide when to live in a community with secured perimeters? Find the answers to these questions and more in the RCFE Evaluator Manual.

6 Responses to “Who Can Consent for Residents Diagnosed with Dementia in an RCFE?”

  1. Can you please clarify regs regarding Mrsa
    And c dif in rcfe hospitals and skilled nursing will not keep residents (no coverage under Medicare ) to provide 2 or 3 negative tests before there discharge from hospital or Snf. And return to rcfe.

  2. Hello Mary Ellen. This post has the MRSA info you are looking for: http://blog.careandcompliance.com/resident-care/infection-control/retain-resident-mrsa_06-28-2011/

  3. When I clicked on the “simple chart” I got the Evaluator Manual.

  4. Hello everyone. The link should take you directly to the chart on page 151 the EM PDF. If the link is not working for you just scroll down to page 151 of the document. Sorry about that!

  5. Okay – will scroll to page 151. Thank you Josh.

  6. Hello Josh, I scroll down to pg 151, there is no simple chart and it talks about citation and fine. Not making sense with what you wrote about the power of attorney and pt 151 talking about fine/citation. I think I am misunderstanding something.

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