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

Related Topics:
2 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

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
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.