California Nursing Home Administrator License Practice Exam

The facility may act as which of the following for a resident?

1. a resident's guardian

2. a resident's conservator

3. a resident's trustee

4. a resident's attorney in fact

The correct answer is: a resident's attorney in fact

The correct answer is that the facility may act as a resident's attorney in fact. In this context, an "attorney in fact" refers to a person or entity that has been authorized to act on behalf of another, typically through a legal document known as a durable power of attorney. This can encompass a wide range of responsibilities, including making decisions about medical care, finances, and other personal matters when the resident is unable to do so themselves. Nursing homes or long-term care facilities may have policies and structures in place to represent the interests of their residents effectively, particularly when those residents face cognitive or physical challenges that limit their ability to make informed decisions. The facility can provide assistance while respecting the resident's rights and preferences, as designated through the legal authority granted. The roles of guardian, conservator, and trustee generally involve more extensive legal responsibilities and responsibilities towards the resident's estate or well-being than what an attorney in fact would entail. A guardian is typically appointed by the court to make decisions on behalf of an individual deemed incapable of doing so. A conservator manages the financial affairs of someone who needs help managing their assets, and a trustee manages assets placed in a trust. These positions are usually not held by the facility itself but by