Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 10. Maryland Department of Health |
Part 1. |
Subtitle 07. HOSPITALS |
Chapter 10.07.02. Nursing Homes |
Sec. 10.07.02.12. Resident's Representative
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A. A nursing home shall recognize the authority of:
(1) A guardian of the person under Estates and Trusts Article, §13-705, Annotated Code of Maryland;
(2) A guardian of the property under Estates and Trusts Article, §13-201, Annotated Code of Maryland;
(3) An advance directive that meets the requirements of Health-General Article, §5-602, Annotated Code of Maryland;
(4) A surrogate decision maker with authority under Health-General Article, §5-605, Annotated Code of Maryland;
(5) A power of attorney that meets the requirements of Estates and Trusts Article, §13-601, Annotated Code of Maryland;
(6) A representative payee or other similar fiduciary; or
(7) To the extent permitted by Maryland law, any other individual, if that individual was designated by a resident who was competent at the time of designation.
B. A facility shall require documentation or other appropriate verification of the authority of a resident's representative. A facility may not recognize the authority of a resident's representative if the representative attempts to exceed the authority:
(1) Stated in the instrument that grants the representative authority; or
(2) Established by State law.
C. A facility shall:
(1) Document in the resident's record the name of the individual, if any, with authority identified in §A of this regulation; or
(2) Include the documentation in the record.