Page 54 - Senior Link Magazine Spring 2023 - Online Magazine

SENIOR RESOURCES

GETTING THE MOST OUT OF

NURSING

HOME

CARE

By Lee Franks

n my elder law practice, I often maintain an ongoing role in their decisions for the resident unless
work with clients transitioning loved one’s care but also to provide the resident is incompetent, or the
Ifrom home or assisted living an opportunity for the family then resident is competent but asks the
to long term care in a nursing to focus on the care and attention agent to make a decision. The agent
home setting. Commonly, my that only the family or original can only seek medical information,
clients’ families find themselves caregivers can provide. and the agent should understand
overwhelmed with selecting a that he or she cannot make the
facility, paying for the care, and First, I want a nursing home resident take medicine or submit
adjusting their own caregiver resident to have an effective to treatment that the resident does
roles to the new circumstances. Medical Power of Attorney not want, even if competency is in
Frequently, family members (MPOA), ideally one that complies question.
struggle with the feeling that with Chapter 166, Subchapter D,
they are abandoning their loved of the Texas Health and Safety Second, the resident should have
one or breaking a promise to Code. In addition to naming only a broad HIPAA Release and
keep the loved one at home or at one agent, the MPOA should name Authorization with the full names,
least out of a nursing home. Even at least one alternate agent, if not addresses, and best phone numbers
caregivers, who are more resigned two or three. It should contain the for everyone on the MPOA. The
to the inevitable, worry that they full names, addresses, and best alternate agents generally cannot
will have difficulties ensuring a phone numbers (usually cell phone obtain the resident’s medical
satisfactory level of care for their numbers) for the agent and each information using only the MPOA.
loved one. For those open to it, I try alternate. Additionally, the agent In addition, I advise including full
to reframe the transition by having should understand very clearly names, addresses, and best phone
them consider the facility staff as a what powers the MPOA does numbers for any other reasonably
whole new crew of caregivers who and does not grant. For example, competent individuals who
will enable the family not only to the agent may not make medical would likely visit the resident in

54 Lubbock Senior Link