10.22.09
Nursing Home Admission by Guardian
Guardians don’t have authority to admit their incapacitated persons to nursing facilities without specific authority from the Probate and Family Court. But, what if a hospital needs to discharge a patient under guardianship to short term rehab? The definition of “nursing facility” in the Code would seem to include rehabilitation and prevent the guardian from authorizing the admission. This could lead to hospitals having to hold patients until a court hearing can be arranged or discharging people to their home without needed rehab, neither in the best interests of the patient.
Should this be changed so that guardians would have the authority to make short term placements in nursing and rehabilitation facilities? But, if so, what is short term, 30 days, 60 days? Or, is there a guideline somewhere in the insurance or health regulations that this could be keyed to?
Shouldn’t a written notice of placement be sent to the nursing home and the appointing court? Then, if the placement needed to become long term, the guardian would have time to file a petition to modify his or her authority.