Ask the legal expert: How do you suggest we handle powers of attorney executed by our residents?
By
John Durso
Sep 01, 2021
How do you suggest we handle powers of attorney executed by our residents? Who should gather the powers of attorney and where should they be stored? How should we follow them to avoid liability?
Ask the legal expert: Can we go after this contractor if the family wants to sue us or regulators want...
By
John Durso
Jul 01, 2021
A contractor did some shoddy work installing flooring that we didn’t catch right away and a patient wound up falling and injuring herself. Can we go after this contractor if the family wants to sue us...
Ask the legal expert: How do I comply when it seems they are accepting a wide range of “COVID-19-related”...
By
John Durso
May 01, 2021
The government, understandably, is expecting good accounting of borrowed COVID-19 funds during the public health emergency. How do I comply when it seems they are accepting a wide range of “COVID-19-related”...
Ask the legal expert: How we can we protect ourselves form unfounded claims of theft or wrongdoing?
By
John Durso
Apr 01, 2021
We’ve had families acting more suspicious of us than usual, with people complaining about allegedly missing resident clothes or belongings. It’s not unexpected, I guess, with family members’ access...
Ask the legal expert: Can we fire someone for not letting us know they have COVID-19 symptoms and coming...
By
John Durso
Mar 01, 2021
It almost sounds crazy, given the staffing shortages everywhere, but can we fire someone for not letting us know they have COVID-19 symptoms and coming to work anyway?
Ask the legal expert: How should we out illegal behavior?
By
John Durso
Feb 01, 2021
I am not the chief executive officer, but other middle-level managers and I have reason to believe the chief financial officer has been double-dealing with contracts with third parties and skimming profits....
Ask the legal expert: Can an entertainer threaten to sue for breach of contract for canceled performance?
By
John Durso
Dec 01, 2020
Perhaps against better judgment, we gave a guitarist/singer second and third chances to entertain our residents on a contracted basis. Twice this performer has canceled at the last minute, leaving us high...
Ask the legal expert: How stringent can we be about visitation times and what can we do to or about violators?
By
John Durso
Oct 01, 2020
We have had some family members disagree with our visitation policy. The tension has worsened due to the pandemic, and state and local authorities clamping down to protect long-term care residents. How...
Ask the legal expert: Can we limit disclosures that breach our privacy policy?
By
John Durso
Sep 01, 2020
We tell our employees that they may not speak to the media about our infection rates (including COVID-19 rates) or other caregiving or sensitive matters. This would include disclosing health information...
Ask the legal expert: Can we stop a local paper from writing about soon-to-be-proven false accusations?
By
John Durso
May 01, 2020
A local newspaper wrote an article about how a disgruntled family member of a recently deceased resident is suing us. Readers may infer poor care from the article. Can we stop the paper from writing these...