MUPC Article V procedural outline - G. Nursing facility admissions 5309(G)

The contents of this outline are intended to provide general guidance to Court staff in the handling of guardianship of incapacitated persons and conservatorship cases. This outline does not cover guardianship of minors matters.

1. Request should be included on the face of the Petition for Guardianship.
2. A nursing facility is defined at 5101(15).

3. “For the purposes of determining which type of facility will be subject to the definition of “Nursing Facility” contained in the Uniform Probate Code (“UPC”) Article V, Section 5101( 15), only those facilities that are licensed as nursing homes pursuant to G. L. c. 111, §71 fall within the UPC definition. Request should be included on the face of the Petition for Guardianship.

   Therefore, pursuant to a review of its licensure requirements, the Department of Public Health believes that a placement or transfer should not be considered a placement or transfer to a “Nursing Facility” if:

   1. The placement of transfer is to a facility certified by Medicare as an inpatient Rehabilitation Facility (IRF) of a Long Term Care Hospital (LTCH); or
   2. The placement of transfer is to a facility licensed as a rest home pursuant to G. L. c. 111, §71; or
   3. The placement or transfer is to an assisted living facility.”
4. If a nursing home admission is requested after the service of the citation but prior to the issuance of Letters, a Motion to Amend the Petition shall be filed and a new citation shall issue.
5. The admission must be found to be in the alleged incapacitated person’s best interests. Therefore, the admission must be anticipated within a reasonable period of time and not a mere possibility in the future.
6. When the court gives authorization for admission, the authorization allows the guardian to admit the incapacitated person to any nursing home, at any time. Therefore if the incapacitated person is admitted to a nursing facility and needs to move to another nursing facility, no new authorization is needed.

7. Complaints of DPH licensing violations regarding nursing homes and hospitals should be referred to the Department of Public Health’s Complaint Intake Unit. Complaints are best faxed in to 6177538165. Complaints may also be mailed to:

   DPH/DHCQ Intake Unit
   99 Chauncy Street, 2nd Floor
   Boston, MA 02111

   The Intake Unit may be reached at [phone].