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32 | According to R1, a couple of weeks ago, R1 wanted to leave the facility with R2, however, they were stopped by staff at the front door and R1 was told that their family member wanted them to remain at the facility.
LPA reviewed the General Durable Power of Attorney and it indicated R1 as the Initial Attorney in Fact and other family members listed as Successor Attorney in Fact to make decisions if R1 fails to serve as the Initial Attorney in Fact.
After investigation, this allegation is substantiated; the facility did not follow Title 22 Division 6 Section 87468.1- Personal Rights Of Residents in All Facilities- residents have the right to leave and depart the facility at any time as the facility prevented R1 and R2 from leaving the facility.
On 9/22/2022, the administrator reported that R1 and R2 have returned home.
Based on interview, observation and record review during the investigation, the preponderance of evidence standard has been met. Therefore, this allegations were determined to be substantiated. Deficiencies of the California Code of Regulations, Title, 22 cited on the LIC9099-D. Failure to correct the deficiencies may result in civil penalties.
Report was discussed with Administrator, and Appeal Rights provided.
A copy of this report is provided. |