F 0550
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or
her rights.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interviews, and record review, the facility failed to ensure residents were afforded rights,
including the right to self-determination, for 1 of 6 residents (Resident #1) reviewed for resident rights.The
facility failed to ensure Resident #1's Statutory Durable Power of Attorney (DPOA) was appropriately
executed in that its elected agents and witness were facility staff, which posed a conflict of interest and the
potential for impropriety, and it was implemented during a time in which the resident's capacity to consent
was in question. This failure created a dual relationship between the resident and staff and a conflict of
interest which could have placed the resident at risk of harm, fraud, exploitation, and/or other legal and
medical complications.Findings include:Record review of Resident #1's face sheet revealed a [AGE]
year-old male whose most recent admission to the facility was on [DATE], with an initial admission date of
[DATE], and an original admission date of [DATE]. The other contacts listed were for a friend and next of
kin. Resident #1's diagnoses include in part: Fracture of unspecified part of neck of right femur (thigh bone),
onset date: [DATE], Type 2 Diabetes Mellitus (a condition that happens when the body cannot use insulin
correctly and sugar builds up in the blood) with foot ulcer (open sore), onset date: [DATE], Cerebral
Infarction, Unspecified (a type of stroke where the specific cause or location is not detailed), onset date:
[DATE], and Cognitive Communication Deficit (difficulties in communication stemming from impairments in
cognitive processes, impacting daily interactions and effective information exchange), onset date: [DATE].
Resident #1's code status was listed as DNR. Record review of Resident #1's face sheet showed that
Resident #1's most recent admission was from an acute care hospital, with the hospital stay lasting from
[DATE]-[DATE]. Resident #1 was listed as his own Financial Responsible Party with his niece being listed
as Emergency Contact #1, Care Conference Person.Observation of Resident #1 was made on [DATE] at
1:05 PM. The resident was pointed out by staff while sitting in the dining room. The resident was observed
to be dressed appropriately with good hygiene. Resident #1 sat in his wheelchair at a dining table .
Interview with Resident #1 was attempted but it was apparent that his use of the English language was
limited , and he only answered in yes or no phrases . The resident affirmed that he was doing okay, that
staff treated him well, and he his needs were met. The resident made these affirmations by saying, Yes and
nodding his head. During an interview with ADM and DON on [DATE] at 11:20 AM, ADM revealed that
Resident #1 and his family/fictive kin ((individuals who are not biologically related but are considered part of
one's family) were Jehovah's Witnesses. ADM stated this created a conflict with the assignment of a POA
due to religious beliefs. Per ADM, the family/fictive kin did not believe in blood transfusions or other life
saving measures and the resident initially designated his code status to be a full code, a medical status in
which all available life-saving treatments are used. ADM stated the resident's cognitive status has fluctuated
during his time in the facility and he has been in and out of the state of confusion, but the resident has been
able
(continued on next page)
Any deficiency statement ending with an asterisk (*) denotes a deficiency which the institution may be excused from correcting providing it is determined that other
safeguards provide sufficient protection to the patients. (See instructions.) Except for nursing homes, the findings stated above are disclosable 90 days following the
date of survey whether or not a plan of correction is provided. For nursing homes, the above findings and plans of correction are disclosable 14 days following the date
these documents are made available to the facility. If deficiencies are cited, an approved plan of correction is requisite to continued program participation.
LABORATORY DIRECTOR'S OR PROVIDER/SUPPLIER
REPRESENTATIVE'S SIGNATURE
TITLE
(X6) DATE
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Facility ID:
If continuation sheet
Page 1 of 5
Event ID:
676421
Printed: 05/15/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
676421
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/24/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - Waxaha
151 Country Meadows Boulevard
Waxahachie, TX 75165
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0550
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
to elect his medical care and procedures. ADM stated that the facility has consulted with their legal
department, and it was felt that the appointment of a guardian was in the best interest of the resident. ADM
stated that appointments are being sought through the local courts. ADM stated that this is a long process
in this county and no appointment has been made yet. ADM stated the application process began in
[DATE]. ADM claimed that the lack of a designated POA has not interfered with the resident's care. In an
interview on [DATE] at 12:43 PM, SW A with a local hospital, indicated they were involved in the discharge
planning of Resident #1 during his most recent hospital stay. SW A stated on or about [DATE], she reviewed
the DPOA provided for Resident #1 and questioned its legality as it listed SSA and SSM as the Resident's
agents, but Resident #1 had no designated medical decision maker. SW A stated that she spoke to the
facility (possibly ADM) and highly suggested they apply for guardianship on behalf of Resident #1. The
facility stated they would speak to their liaison. SW A stated Resident #1 was confused throughout his stay,
unable to make his own decisions, and lacked family willing to serve as POA. SW A stated this made
Resident #1 appropriate for guardianship. SW A stated the hospital was able to secure a valid out of
hospital DNR on behalf of Resident #1 prior to his discharge on [DATE]. SW A stated the documentation
provided by the facility did not include a valid medical POA.In an interview on [DATE] at 1:05 PM, DON
stated that Resident #1 is able to understand English, but his understanding was limited. In an interview on
[DATE] at 1:15PM, SSA verified she was an assistant to the facility's SW. SSA stated that she had been
employed with the facility for 8.5 years, starting as a CNA, then moving into the transporter role, and then
as an SSA. SSA stated Resident #1 was initially homeless and taken in by friends. Resident #1 was
assaulted and hospitalized . He was discharged to the facility and is now a LTC resident. SSA stated that
Resident #1's emergency contact is listed as the resident's niece , but she really isn't biologically kin to the
resident. She was not considered the resident's RP but was included in care plan meetings. SSA stated that
the need for a POA came up during a care planning meeting. Resident #1's niece refused to fulfill that role.
Resident #1's next emergency contacts also declined to serve in the role of POA as well. SSA stated that
Resident #1 chose his code status. SSA stated that Resident #1 is Spanish speaking only, but SSM
explained to the resident what a code status was, and the resident elected to a code status of DNR. SSA
stated that when the decision-making process was explained to Resident #1's next-of-kin or emergency
contacts and the need for a POA, they all said they did not want to be the designator due to possible
financial and physical implications. SSA claimed at the time Resident #1 signed the DPOA naming her as
his agent, he was clear, sound mind and was alert and oriented. SSA stated that initially Resident #1's code
status was full code, but the hospital had DNR paperwork and so the resident's code status was changed.
SSA stated that the hospital case manager advised facility staff of the possible conflict regarding the DPOA
the resident signed naming SSA and SSM as his agent. SSA stated that she and SSM felt the DPOA was
appropriate because no one else wanted to fulfill that role and SSA was close to the resident and cared for
him and would purchase items for him that he needed. SSA stated that they consulted with their legal
department about this and were told this type of agreement was allowed and legal. SSA stated it was SSM
who made the call to their legal department. SSA stated that it was felt that the DPOA signed was in the
best interest of the resident and was legally appropriate. SSA claimed that she and SSM only signed as
witnesses but the resident signed for themself. SSA denied they were ever designated as POA. SSA stated
that typical POA duties would have included relaying the resident's wishes and decisions to others,
speaking on the resident's behalf, and moral support. SSA further explained that a POA covered medical
related issues. But if the resident was alert and oriented, the resident would make their own decisions. SSA
stated if the
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676421
If continuation sheet
Page 2 of 5
Printed: 05/15/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
676421
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/24/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - Waxaha
151 Country Meadows Boulevard
Waxahachie, TX 75165
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0550
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
resident's cognition was off then the agent would make the decisions but not financial decisions. SSA
stated that SSM handles these types of issues or designations and SSA takes directive from SSM. SSA
stated that she and SSM are neither the POA nor DPOA now. SSA stated there are no other residents that
have declared SSA or SSM as their agent or POA. In an interview conducted on [DATE] at 2:30 PM, ADM
stated that Resident #1 signed himself in for care at the facility and that Resident #1 was alert and oriented
at that time. ADM stated Resident #1 was a full code status upon admission. ADM stated that residents'
code status is revisited and discussed at every care planning meeting. ADM confirmed that care planning
meetings occur every 3 months. ADM stated that the facility always had a translator available through a
language line service if needed. ADM stated SSM spoke Spanish as well. ADM stated Resident #1's first
language was Spanish, but he also spoke English. ADM stated that the DPOA that was signed naming staff
as Resident #1's agents was never utilized. ADM stated an out of hospital DNR was obtained by the
hospital during the resident's most recent admission. ADM stated that Resident #1 has overseen his own
finances throughout his time at the facility. ADM stated Resident #1 signed a DNR on [DATE] after the need
for such was identified. ADM stated that SSA or SSM never acted outside their legal scope regarding the
DPOA. ADM stated that their legal department was consulted and ATY A advised them guardianship
should be sought on behalf of Resident #1 and staff should not be listed as the Resident's agents. ADM
stated that Resident #1 is listed as their own primary decision maker because the family did not want to act
on his behalf. ADM was advised that no filing for guardianship could be located or established. ADM then
stated she was unsure of the status of the guardianship application as SSM was handling that. ADM also
stated that SSM explained to ADM that the utilization of the DPOA for these purposes was a common
practice at her former place of employment and SSM did not think it was considered inappropriate. An
interview was attempted on [DATE] at 3:00 PM with ATY A, but contact could not be established. A
message was left for ATY A requesting a return telephone call, but none was received.In an interview on
[DATE], at 3:00 PM, ADM stated that ATY A was out of the office and could not be reached. ADM stated
that she contacted their legal department on this date prior to this interview and was told the directive given
by ATY A was all that could and should be provided. Per ADM, their legal department confirmed the DPOA
was not the most appropriate course of action and guardianship should have been sought. ADM stated that
she also spoke to SSM who stated that SSM was advised to begin the due diligence process for the
appointment of a guardian, which she had started by locating 2 additional family members. Per ADM, the
legal process had not been initiated because it takes time to complete the due diligence process. In an
interview on [DATE] at 3:40PM, SSM stated she began her employment with this facility in February 2025.
SSM stated that she is a licensed SW and has experience and knowledge of the geriatric population. SSM
stated that she became aware of the need for a POA for Resident #1 at a care planning meeting. SSM
stated Resident #1 wanted SSA to be his POA. SSM stated that she did not consult with their legal
department prior to implementation of the DPOA. SSM said that ADM did consult with their legal
department after the implementation. SSM stated that the hospital SW brought the issue to ADM's attention
and ADM then contacted their legal department. SSM stated that she anticipated Resident #1's lack of
family would become a problem, so she contacted their OMB on or about [DATE]. SSM stated no response
was received from OMB so they proceeded with the POA that was implemented in [DATE]. SSM stated that
several care conferences were held between [DATE], and [DATE], discussing the need for a POA; however,
SSM admits the documentation is missing from PCC. SSM stated that she has counseled SSA on the
importance of inputting these notes. SSM stated that she does have her own notes though and read from
them over the phone. SSM stated that on [DATE], SSA made arrangements with Resident #1's niece to
come
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676421
If continuation sheet
Page 3 of 5
Printed: 05/15/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
676421
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/24/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - Waxaha
151 Country Meadows Boulevard
Waxahachie, TX 75165
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0550
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
in to sign a POA but the niece did not show. SSM stated that there has been no formal application or legal
filing made regarding guardianship for Resident #1 as she needed to get her ducks in a row and became
stuck during the process. SSM stated that she had attempted to contact the courts to determine what would
be needed but she was unable to establish contact. SSM stated that she anticipated the need for a medical
certification, which she obtained, and a possible psychological evaluation. She stated that she planned to
seek this evaluation when she returned to the office after the holiday. SSM stated at this time, she and SSA
are still the legal agents for Resident #1 and are responsible for the duties listed in the DPOA.An interview
with OMB A was attempted on [DATE] at 3:12 PM. Contact was not established at that time but was later
established. OMB A stated that under these circumstances, they would have instructed staff to seek
guidance from their legal team as the relationship the DPOA established with staff could be considered a
conflict of interest. OMB A stated that they were not contacted by facility staff in relation to this issue or this
resident.Record review of Resident #1's admission Agreement implemented and signed by the resident on
[DATE], revealed in part:The Facility may petition a Court to appoint a Guardian and/or take other legal
action if the Facility reasonably believes that the Resident's needs are not being properly met, or the duties
imposed by this Agreement are not being fulfilled by the Resident Representative.The admission
Agreement was signed by Resident #1. Resident #1 did not identify or elect a Resident Representative in
the agreement. Record review of the DPOA signed by Resident #1 on [DATE], revealed SSA (facility staff
member) was elected as Resident #1's agent who was able to act for Resident #1 in any lawful way with
respect to the following powers: Real Property Transactions Tangible personal property transactions Stock
and bond transactions Commodity and option transactions Banking and other financial institution
transactions Business operating transactions Insurance and annuity transactions Estate, trust, and other
beneficiary transactions Claims and litigation Personal and family maintenance; Benefits from Social
Security, Medicare, Medicaid, or other government programs or civil or military service Retirement plan
transactions Tax matters Digital assets and the content of electronic communicationThe Special
Instructions indicated by Resident #1 entitled SSA to reimbursement of reasonable expenses incurred on
[NAME] behalf and to compensation that was reasonable under the circumstances. Resident #1 elected
SSM (facility staff member) to be his successor agent in the event SSA died, became incapacitated,
resigned, or refused to act, or was removed by court order. The DPOA was witnessed and notarized by
another staff member at the facility. Record review of Resident #1's Progress Notes revealed the following:
[DATE]: Social Services reviewed once more about signing a POA with niece once more she declined due
to her religion. (Resident #1) wishes to be cremated and asked for assistance in securing affordable
services. He indicated when it is time to go to let him go. SSD will update a code status change. [DATE]:
SSA set up [name] funeral services to come out and meet with resident regarding cremation as resident
would like to plan accordingly. [DATE] Social Services Summary written by SSM: met with.funeral director
from [name]Funeral Home from [city] assisted in helping (Resident #1) honor his wishes of being cremated.
Everything was discussed, completed [and witnessed].[preburial ] arrangements saved, and copy provided
to (Resident #1) as well.Record review of the Certificate of Medical Examination for Guardianship revealed
DO A personally examined Resident #1 on [DATE] and asserted their medical opinion that Resident #1 was
incapacitated. DO A recommended the appointment of a guardian of the person and estate in order to
protect Resident #1's health, safety, and financial interests.Record review of Resident #1's MDS
assessment dated [DATE], reflected Resident #1 had a BIMS score of 2 out of 15, indicating severe
cognitive impairment. Record review of Resident #1's MDS assessment dated [DATE], reflected Resident
#1 had a BIMS score of 7 out of 15, indicating severe
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
676421
If continuation sheet
Page 4 of 5
Printed: 05/15/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
676421
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
11/24/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Legend Oaks Healthcare and Rehabilitation - Waxaha
151 Country Meadows Boulevard
Waxahachie, TX 75165
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0550
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
problems with thinking.Record review (online search) conducted on [DATE] at 2:55 PM, revealed no
application, petition, or legal filing existed in relation to the guardianship of Resident #1 in the local County
Court record system.Record review of the facility's policy and procedures regarding Resident Rights dated
[DATE], and amended on [DATE], revealed residents have the right to be informed of, and participate in
their treatment, the right to self-determination, the right to privacy and confidentiality, the right to a safe
environment, the right to file grievances, the right to choose their attending physician, the right to
information and communication, and the right to contact with external entities.
Event ID:
Facility ID:
676421
If continuation sheet
Page 5 of 5