Nursing Home Information

 

Some Terms You Should Know

 

Legal guardian:
A competent person has the right to make decisions and control his or her own life. Georgia law considers a person to be competent unless a judge has found him or her to be incompetent and has appointed a legal guardian for that person. The legal guardian then has the right and obligation to make decisions for that person in accordance with the guardianship order.

Long-term care ombudsmen:
The long-term care ombudsman is an advocate for nursing home residents and helps protect residents' rights. An ombudsman investigates and works to resolve problems or complaints affecting residents. Complaints to an ombudsman may be made anonymously by anyone aware of a concern. Ombudsmen do not charge for their services, and they keep matters confidential.
The ombudsman can, with the resident's permission, investigate and try to resolve the concern. However, the ombudsman does not regulate the facility.

Methods of payment:
The three common methods of payment for nursing home care are private pay, Medicare and Medicaid. The costs of the nursing home for a private pay resident are paid with his or her own resources, family resources or private insurance.

Medicare (a government insurance program) pays for certain kinds of care (called "skilled care") for a short period of time. Medicaid is a government insurance program for individuals with limited income, which will pay for nursing home care for financially eligible residents. Many individuals who enter a nursing home as a private pay resident use up their resources and become eligible for Medicaid. Not all nursing homes accept Medicaid, but most do.

Power of attorney:
This document grants certain specified powers from the principal (the person granting the power of attorney) to an agent. A Durable Power of Attorney for Health Care delegates power to an agent to make specified health care decisions on behalf of the principal when the principal is not able to either make or communicate such decisions.

A Financial Power of Attorney delegates power to an agent to make specified financial decisions for the principal. However, with a financial power of attorney, the agent may have authority to act even when the principal is also able to act depending on the provisions of the power of attorney. A power of attorney may delegate powers only for a specified period of time, for example, when the principal is having surgery and recovering, or when the principal is out of the country. Such a power of attorney, triggered by some event or occurrence, is known as a springing power of attorney. None of these powers of attorney is the same as guardianship.

The principal creating the power of attorney decides the scope and duration of any agent's powers to act. Unlike the power of attorney, a judge of Probate Court determines the scope and duration of guardianship. If you have questions or concerns about guardianship and/or powers of attorney, you may wish to seek legal advice.