Kansas City, MO asked in Elder Law for Kansas

Q: Can a operator of a nursing home, or a staff that works at one in Puerto Rico be the power of attorney for the resident

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2 Lawyer Answers
T. Augustus Claus
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A: In Puerto Rico, as in many places, the rules regarding who can serve as a power of attorney (POA) for a nursing home resident can be complex, and they often involve ethical considerations and potential conflicts of interest.

Generally, it is not advisable for an operator of a nursing home or a staff member who works at the facility to serve as a power of attorney for a resident. This is because it may create conflicts of interest and raise questions about whether the resident's best interests are being prioritized.

The role of a power of attorney is to make important decisions on behalf of the resident, including medical and financial decisions. To ensure that these decisions are made in the best interests of the resident and free from conflicts, it's typically recommended to choose a trusted family member, friend, or legal representative who does not have a direct financial interest in the nursing home.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: You might be able to get further guidance if you repost under "Puerto Rico." Click "Show More States," and look for "US Territories." Good luck

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