Assistance for Healthcare Facilities
Helping Nursing Homes and Hospitals Petition for Guardianship
Nursing homes and hospitals often provide care to mentally incapacitated adults who are unable to make their own decisions about finances, healthcare, or other personal matters. In some cases, healthcare facilities have trouble providing medical treatment, discharging the patient, or getting paid, because the patient does not have a power of attorney, health care proxy, or family or friends who can assist with these matters.
In situations like these, Attorney Daniel J. Reiter is called upon to assist nursing homes and hospitals to guide them through the process of having an independent guardian appointed for the resident or patient. With the guardian’s involvement, the facility can continue to treat the incapacitated person, get paid for services rendered, or arrange for a safe discharge when appropriate.
Guardianship Under Mental Hygiene Law Article 81
Mental Hygiene Law Article 81 (MHL Art. 81) is one of two adult guardianship statutes in New York State. MHL Art. 81 can be utilized by a hospital or nursing home to arrange for a guardian to be appointed for an adult in their care.
A petition for guardianship is ussually filed in the Supreme Court or County Court of the county where the alleged incapacitated person resides or is present. The petition should request that an independent guardian be appointed, describe the alleged incapacitated person’s “functional limitations”, and give specific instances and facts that demonstrate those limitations.
In emergency situations, a temporary guardian may be appointed by the judge until a full hearing can be held to determine whether the person needs a permanent guardian appointed.
Attorney Daniel J. Reiter assists hospitals and skilled nursing facilities in all aspects of the adult guardianship process.
How An Independent Guardian Helps Nursing Homes and Their Residents
Nursing homes provide invaluable care for the most vulnerable population, but care costs money. Nursing homes cannot operate for free. Adult guardianship is often an effective and ethical legal tool for meeting the financial needs of nursing homes that provide care to residents who can’t arrange for payment on their own due to mental incapacity.
If an incapacitated resident does not have a power of attorney, or has no family available to arrange for payment, nursing homes can hire an attorney to petition for guardianship. A court-appointed independent guardian can secure income, assets, and government benefits, such as Medicaid and SSI, to pay for the resident’s care.
Hospitals Have a Duty to Safely Discharge Patients
New York hospitals have a duty to safely discharge patients. A hospital may find itself unable to discharge a patient who has completed treatment, but is unable to care for themself due to mental incapacity.
If a hospital cannot safely discharge an incapacitated patient, the hospital may need to have an independent guardian appointed to ensure that the patient is safely discharged to an environment in which they will receive appropriate care and treatment.
Attorney Daniel J. Reiter represents hospitals in these situations by filing an application for guardianship pursuant to MHL Art. 81.
Once appointed, an independent guardian can ensure a safe discharge, and depending on the judge’s findings, can secure income, assets, and government benefits to ensure the hospital is paid for treatment provided.
Ensuring Hospitals and Nursing Homes Are Paid for Treatment Provided
The Law Firm of Daniel J. Reiter, Esq. helps hospitals, nursing homes, and other healthcare facilities in New York City, Long Island, and Westchester County petition for the appointment of an independent guardian for an adult resident or patient.
Learn more about Daniel J. Reiter, read testimonials from other people he’s helped, and get answers to Frequently Asked Questions. Then contact the Law Firm of Daniel J. Reiter, Esq. today to discuss your situation with Daniel.