SB 239A Residential Care Facility Decides Who is Legal Representative

VOTE: NO – Died in Committee
Status (overview) of bill:https://olis.leg.state.or.us/liz/2017R1/Measures/Overview/SB239This bill burdens the owners and operators residential care facility and assisted living facilities when a resident is unable make decisions on their rights, to locate who is willing to serve as the resident’s legal representative for the sole purpose of determining consent to an individually based limitation.

Personal Choice and Responsibility
The decision of who is the Guardian is decided at the (1) INITIAL SCREENING AND MOVE-IN. 411-054-0034 Resident Move-In and Evaluation (c) Each resident record must, before move-in (D) Financial and other legal relationships, if applicable, including, but not limited to:(i) Advance directives; (ii) Guardianship; (iii) Conservatorship; and (iv) Power of attorney. 411-054-0027 Resident Rights and Protections (2) Facility personnel must not act as a resident’s guardian, conservator, trustee, or attorney in fact

Fiscal Responsibility
Mandate a policy that requires time and staff resources with no return in investment.

Limited Government
Owners and Operators of these facilities already are required to have the power of attorney registered before accepting a Resident.