Complaint·August 25, 2023

(Continuation from 9099) The LPA reviewed documentation regarding the facility’s program statement-regarding visitation, visitors log, general placement agreement. LPA reviewed Letters of Temporary Guardianship or Conservatorship based on Probate Code Section 2351 which the refusal of visitors was granted. It was reported that R3’s conservator created a list of approved visitors and people who were not allowed to visit R3. The facility was implementing this restriction on visitors based on the conservator’s wishes and court approval. The LPA provided regulatory information to the facility regarding every resident’s right to have or refuse visitation from family, friends, or otherwise, as well as information concerning the inability of any conservator or Power of Attorney to restrict a visit to a resident based on CCR 87468.2 (a)(21). (a) In addition to the rights listed in Section 87468.1, Personal Rights of Residents in All Facilities, residents in privately operated residential care facilities for the elderly shall have all of the following personal rights: (21) To consent to have their relatives and other individuals of their choosing visit during reasonable hours, privately, and without prior notice. However, due to the court’s ruling on R3’s conservatorship and Probate code Section 2351, the court’s ruling shall override the regulation CCR 87468.2 (a)(21) and PIN 21-48 ASC. Based on LPA’s observation, interview conducted and record review(s), the preponderance of evidence show the allegation of Staff not allowing residents to have visitor is unfounded. This agency has investigated the complaint and we have found that the complaint was unfounded, meaning that the allegation was false, could not have happened and/or is without a reasonable basis. An exit interview was conducted, a copy of this report, was provided to the Administrator, Garrett Welker and Caregiver, Dalia Calderon, whom signed for the report as evidenced by her signature.