6% Care management and legal issues (EBIG Chapters 14 and 21)

Question 1

What are the legal rights of a person with a brain injury?

Answer 1

The person with the brain injury has the same legal rights as anyone else. A legal representative may exercise those rights if the individual is not able to do so

Question 2

Patient Bill of Rights

Answer 2

Written guarantee of basic rights for individuals in treatment programs
Violation of rights could be grounds for lawsuit

Question 3

Describe and define power of attorney

Answer 3

A document where a competent person appoints other person to act for him/her in legal and financial proceedings; Durable power of attorney means it is not changed when the person becomes disabled or incompetent

Question 4

Define and describe guardianship

Answer 4

A legally-enforceable arrangement in which the guardian has the legal right and duty care for another

Question 5

What are the three types of guardianship?

Answer 5

Guardian of the person- manages/makes decisions about personal affairs
Guardian of the estate- manages only financial affairs and property of the ward
Plenary guardianship- Manages both personal needs and property of the ward

Question 6

Define and describe exploitation

Answer 6

the use of dependent individual’s property illegally or without their consent (includes the expenditure of funds)

Question 7

Define exploitation

Answer 7

the use of dependent individual’s property illegally or without their consent (includes the expenditure of funds)

Question 8

Define neglect

Answer 8

is usually a failure to provide for the basic needs of the dependent individual

Question 9

Define abuse

Answer 9

the willful infliction of injury, intimidation, or punishment with resulting physical harm, pain or mental anguish.
Also includes deprivation by an individual of goods or services that are necessary for physical, mental, and psychosocial wellbeing

Question 10

Describe the legal use of restraints

Answer 10

used only as a measure of last resort; never allowed for shortcomings of treatment program (poor training).

Question 11

Describe the case management service process

Answer 11

Assessment, planning, facilitating, care coordination, evaluation, and advocacy

Question 12

Define life care plans

Answer 12

A life plan that addresses medical, rehabilitative, and other present and future concerns

Question 13

Describe the 3 components of a life care plan

Answer 13

The plan must utilize evidence-based standards of care and recognize clincal practice guidelines
It should systematically identify all the intricate details from injury-end of life
Plan should provide blueprint for families of person to assist in their management and care

Question 14

What to consider when selecting a service provider