Walk It Through: A Parent In Care
A notario's offer, a nursing home's rules, a threatened discharge, and a decision nobody wrote down.
A family sees a sign for a notario offering to draw up papers for their aging parent.
Two things a person in this spot might do. Picking one shows what the law says about it.
One parent in one facility. The detailed patients' bill of rights in agency rules, abuse reporting, the long term care ombudsman and advance directive forms are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Notario publicoA term a notary public who is not a licensed attorney may not use, any more than the notary may advertise or represent that the notary can draft legal records, give legal advice or practice law.
- Retaliation against a residentA facility raising charges, cutting services or privileges, threatening either, pressuring a resident to leave, or harassing or abusing a resident, because the resident exercised the residents' rights. It is prohibited.
- Advance directiveA document a capable adult executes, signed and then either witnessed and signed by at least two adults or notarized, which may appoint a health care representative to make health care decisions if the adult becomes incapable.
- GuardianA person a court appoints to provide continuing care and supervision, only on findings by clear and convincing evidence, with an order no more restrictive of the person's liberty than is reasonably necessary.
- Health care representativeA competent adult appointed in an advance directive to make health care decisions if the person becomes incapable. The appointment takes effect when the representative accepts it.