Who Can Act? Guardianships, Power of Attorney, and Supported Decision-Making Agreements

What are your options if a bad actor is in place? Often residents are no longer able to capably handle their own financial and health care decisions. This lack of capacity can have significant legal and financial consequences for the provider, including securing payment and Medicaid benefits. The resident may not be able to execute contracts, access income or resources, or make decisions regarding health and finances. Administrators, Executive Directors, and in-house counsel for providers are frequently placed in the middle of identifying who can act and assessing what powers certain legal documents grant (and do not grant) to family members. Indiana now allows supported decision making agreements that a resident can sign that further confuse who providers should look to for decisions.