Complaint Investigation Report, 08/24/2022 — Walnut Home Care, Carmichael CA

FM1 could not enter into the facility. Latter on 6/24/22 at temporary restraining order was issued for FM1 to not visit R1.

On 8/11/22, LPA interviewed R1 in her room. R1 has advanced dementia and very limited verbal interaction skills. LPA looked at a family photo of R1 and her family with R1. R1 was not able to verbally state the name or relationship of her to anyone in the photo except “my husband” when staff pointed at him.

Facility records provided found R1 had granted POA financial powers in 1999. Powers to restrict visitation was not found in the document at the facility.

POA provided the following documents to LPA on 8/17/22: 1995 temporary restraining order from R1 for POA (financial) 1999, Do not visit letter from R1 to family member attempting to visit 2007; Typed letter from R1 to her prior facility asking facility to restrict FM1 visits 2017; a hand written note from R1 to the same facility to restrict FM1 visits 2019. LPA is unable to verify the authenticity of the documents.

The department’s guidance, as presented in Provider Information Notice PIN 21-48-ASC Authority of Conservators and Agents Under Powers of Attorney Related to Residents' Rights, for such circumstances is that while both a POA and a conservatorship give one person the authority to make decisions for another person, the extent of that authority varies. POA agents are limited to the powers granted in the POA document. POAs typically do not address issues concerning visitation, telephone calls, or personal mail and therefore, agents are not authorized to restrict these rights. However, a POA agent can regulate visitation, telephone calls or personal mail only if: 1) the resident explicitly gave the agent the authority to regulate these issues in the POA and 2) the principal does not disagree with the choices the agent is making. Principals, even those with a cognitive impairment, retain the legal authority to control their health care and other personal decisions unless a court has taken that authority away. [Probate Code section 4689]