Consent, Legal Representatives, Minors, and Advance Directives
Explains who gives consent for the Agency's services and how: consents obtained from the client or legal representative before admission, the reasons recorded when the client or representative is not involved, the documents that show a representative's authority (interdiction, tutorship, continuing tutorship, power of attorney), services to minors, written authorization for emergency care, informed written consent before any research, and how the Agency handles advance directives and LaPOST forms, including the federal advance directive duties of Medicaid personal care providers.
- Policy number
- LA-HC-CR-02
- Version
- 1.0
- Main rule
- LAC 48:I.5033.C
- Library
- Louisiana home care · 50 policies
- Category
- Client rights
- Sections
- 20
In short
- No services begin until the client, or the legal representative, has signed the consents.
- An adult client decides for himself or herself unless a court has said otherwise. A relative signs only with legal papers on file.
- Ask before every task. If the client refuses, respect it, write it down and tell your supervisor; if it puts the client at risk, call at once.
- Know where the client keeps any advance directive or LaPOST form, and hand it to emergency responders.
- Never draft, witness or sign an advance directive for a client, and never advise a client whether to make one.
What's inside
20 sections. The full text comes with the One-time Policy Pack.
- Terms of Reference
- 1. Purpose
- 2. Scope
- 3. Definitions
- 4. Policy Statement (LAC 48:I.5033.C)
- 5. Consents Obtained Before Admission
- 6. Who Signs
- 7. Proof of Legal Status and Authority
- 8. Services to Minors
- 9. Authorization for Emergency Care
- 10. Refusal and Withdrawal of Consent
- 11. Research
- 12. Advance Directives and End-of-Life Orders
- 13. Responsibilities
- 14. Records and Compliance Monitoring
- 15. Staff Training
- 16. References
- 17. Related Policies and Forms
- 18. Approval
- 19. Revision History
An inspector may ask
- Show me the consents you obtained for this client before admission. Who signed them, and what was their authority?
- This client's daughter signs everything. Where is the document that gives her that authority?
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