The Self-Determination Act of 1991 gives you the right to make decisions about your health care. This act requires that the facility provide you with written information about your right to accept or refuse medical treatment and your right to establish an Advance Directive. Our staff, therefore, will initiate discussion with you about your care preferences and/or directives.

An Advance Directive is a written document that can be used to state your terminal care preferences (as with the “Declaration to Physicians,” also called the “Living Will”) or to authorize an agent to make decisions for you when you can’t (as with the “Power of Attorney for Health Care”). Residents who choose not to be resuscitated should their heart stop, may also request “Do Not Resuscitate Bracelets.” Please ask your nurse or social worker for more information about any of these Advance Directives.

You are not required to establish an Advance Directive, but if you do choose to do so, the staff will assist you. If you already have an Advance Medical Directive (such as a Living Will or a Power of Attorney for Health Care) you do need to provide us with a copy of the document.

Please take note that a general POA will authorize an agent to handle financial decisions, not medical decisions. Similarly, the POA for Health Care authorizes a medical decision-maker, but not financial management.

Guardianship and Protective Placement

A guardian is an individual appointed by a court of law to make decisions and manage the affairs of a person judged to be incapable (incompetent) of doing so him/herself. Note: Unless a durable power of attorney for health care already exists, a guardianship will be needed to admit an incompetent person to a nursing home and consent to the care and treatment which the nursing home provides.

The guardian is responsible to manage the individual’s income and assets to meet that person’s needs. Guardians are also responsible to make thoughtful care and treatment decisions and to see that the personal needs of their individual are met. Guardians annually report to the court about the personal/medical status of the individual and do an accounting of their person’s income and assets.

A guardian can admit an individual to a nursing home for short term care (three months or less). Long term placements require protective placement, which is a court review and decision that the individual requires a nursing home level of care.

The Protective Services Department of North Central Health Care can provide more information about guardianship and protective placement and can assist you in establishing these services when requested.

Note: Information on this site is general in nature and an attorney should be consulted for exact answers to your specific situation.

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