What does “legal guardian” mean for purposes of requests or consents under PA 437?
Reply: A legal guardian is an individual who has been appointed to act on behalf of an incapacitated individual by virtue of a court authorized document. Question: May a family member who has not been officially designated as the resident’s “patient advocate” or “legal guardian” request or consent to the use of bed rails for a resident when the resident is unable to do so? Reply: Yes. In addition to a “patient advocate” or “legal guardian”, Act 437 permits an individual who is an “other legal representative” of a resident to request bed rails and consent to their use when a resident is unable to do so. A nursing home may have a policy that it accepts the request and consent of a family member who is not legal guardian or patient advocate when the family member generally represents the resident in matters with the facility. The family member in such a case is considered an “attorney in fact” and falls into the category of “other legal representative” for purposes of the Act. In the surv
