Regulation .03 Resident's Representative.
Regulation .03 Resident's Representative.LinkCopy Citation
A.
A nursing facility or nursing facility's agent 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 the Estates and Trusts Article, §13-201, Annotated Code of Maryland;
(3)
An advance directive established in compliance with 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 established in compliance with Estates and Trusts Article, §13-601, Annotated Code of Maryland;
(6)
An individual exercising a resident's rights pursuant to Health-General Article, §19-344(r), Annotated Code of Maryland, but not for purposes of medical care or treatment;
(7)
A representative payee or other similar fiduciary;
(8)
An agent as defined in Health-General Article, §19-344(c), Annotated Code of Maryland; or
(9)
A person if that person was designated by a resident who was not disabled at the time the designation was made and if the resident or representative has provided the nursing facility with documentation of the designation.
B.
A nursing 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 document in the resident's record the name of a representative listed in this regulation, including a copy, when applicable, of the designation.