Complaint·March 30, 2023

Licensee reported that the health care agent contacted him on 12/13/22 leaving a voicemail message and reported the bed could not be moved and requested the facility donate it. Licensee provided the Agency with a copy of the voicemail dated 12/13/22, verifying the report. The Licensee reported that the bed would not be accepted by any charities and trash removal of the item was arranged. The bed was picked up on 12/23/22. The health care agent reported they are the trustee for the trust R1 established prior to their death. They became the trustee after R1’s death on 1/23/23. The certification of Trust for R1 has not been provided to the Licensee. This information was verified by witnesses interviewed. The Licensee is not required to issue a refund based on someone’s word when R1 had no POA, no family and no documentation has been provided to them to verify who is the Trustee of R1’s estate. Based on the evidence gathered the allegation, staff did not refund resident fees, is deemed unfounded, meaning the allegation is false could not have happened and/or is without a reasonable basis. Regarding the allegation, staff did not provide resident’s records to resident’s authorized person, the investigation revealed the following. R1 passed away on 11/22/22. R1 did not have a Power of Attorney (POA) or any family. R1 had an Advance Health Care Directive naming only an appointment of a health care agent when the primary physician finds that R1 cannot make their own health care decisions. R1’s health care agent was listed on the admission agreement as the health care surrogate decision maker and signed the admission agreement along with R1. All witnesses interviewed verified that R1 made their own decisions and handled their own finances. R1’s health care agent requested a copy of R1’s admission agreement in December 2022. The Licensee did not provide the health care agent a copy of the admission agreement. The health care agent reported they are the trustee for the trust R1 established prior to their death and became the trustee after R1’s death on 1/23/23. The certification of Trust for R1 has not been provided to the Licensee. This information was verified by witnesses interviewed. R1 had no POA. R1 had a health care agent who was not the responsible party for R1. Based on the evidence gathered the allegation, staff did not provide resident’s records to resident’s authorized person is deemed unfounded, meaning the allegation is false could not have happened and/or is without a reasonable basis. An exit interview was conducted and a copy of the report provided.