Regulation .12 Resident's Representative.
Regulation .12 Resident's Representative.LinkCopy Citation
A.
A nursing home 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)
To the extent permitted by Maryland law, any other individual, if that individual was designated by a resident who was competent at the time of designation.
B.
A facility shall require documentation or other appropriate verification of the authority of a resident's representative. A facility 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.
C.
A facility shall:
(1)
Document in the resident's record the name of the individual, if any, with authority identified in §A of this regulation; or
(2)
Include the documentation in the record.