Due to the fact that we are providing care to seniors, it is imperative to assure you are up to speed on the status of their advanced directives as well as who the responsible party/decision-maker. There are so many important factors to consider when a resident has a health emergency and can no longer make decisions for themselves, so having a plan for inevitable is key to keeping yourself out of trouble with OHCQ and abiding by the resident’s wishes.
.34 Resident’s Representative.
A. An assisted living program shall recognize the authority of:
(1) A guardian of the person under Estates and Trusts Article, §13-705, Annotated Code of Maryland;
(2) A guardian of the property under Estates and Trusts Article, §13-201, Annotated Code of Maryland;
(3) An advance directive that meets the requirements of Health-General Article, §5-602, Annotated Code of
Maryland;
(4) A surrogate decision-maker with authority under Health-General Article, §5-605, Annotated Code of
Maryland;
(5) A power of attorney that meets the requirements of Estates and Trusts Article, §13-601, Annotated Code of
Maryland;
(6) A representative payee or other similar fiduciary; or
(7) Any other person, if that person was designated by a resident who was competent at the time of designation,
and the resident or representative has provided the assisted living program with documentation of the designation.
B. An assisted living program shall document in the resident’s record the name of the person, if any, with the
authority identified in §A of this regulation or include the documentation in the record.
C. An assisted living program may not recognize the authority of a resident’s representative if the representative
attempts to exceed the authority:
(1) Stated in the instrument that grants the representative authority; or
(2) Established by State law.
D. A licensee who commits financial exploitation of a resident shall be in violation of this chapter as well as
applicable civil and criminal laws