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Caring for Incompetent Residents – by Penelope Jones

October 31st, 2011 Featured, Schutjer Bogar News

Long term care facilities have the important responsibility of caring for the elderly and disabled. Ideally, a nursing home has the cooperation of its residents and their family members to work together to ensure the provision of the best and most appropriate care possible.

Naturally, as a consequence of working with the elderly population, there are individuals not competent to make decisions regarding their own health and finances residing in your facilities. In these cases, hopefully there is an individual with agency powers pursuant to a valid power of attorney document who satisfies their fiduciary obligations to the resident. However, often times this is not the case. Residents may be at the mercy of family and friends who inappropriately utilize assets or are not willing to accept and fulfill fiduciary obligations. Under these circumstances, it may be appropriate for a guardian to be appointed.

Schutjer Bogar LLC routinely initiates guardianship proceedings in order to secure an appropriate fiduciary who will assure the continued provision of long term care for the resident. Please note that nursing homes should also be aware of their obligations under state laws to alert appropriate public authorities of troubling familial circumstances.

Schutjer Bogar LLC is happy to provide this important legal service on behalf of nursing facilities for residents who are no longer able to voice their own needs and concerns. The firm’s attorneys in the Mt. Laurel, New Jersey office work in conjunction with their colleagues in New York City to provide Medicaid eligibility and reimbursement services to clients across the state.

Penelope Jones works out of our Mt. Laurel, NJ office with Amanda Short, Eva Signore and Ivana Grujic.

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