Reversing an appeals court, Washington's highest court rules that a guardian cannot be charged with neglect based on the guardian's good-faith decision not to place an incapacitated person in a nursing home against the person's wishes. Raven v. Dept. of Social and Health Servs. (Wash., No. 87483-2, July 18, 2013).
Resa Raven, a professional guardian, was appointed guardian of the person of Ida, who became bedbound after a fall fractured a bone in her knee. Ida received care at home, but she required more nursing care than home health aides could provide, and she frequently developed bedsores. Ms. Raven refused to seek nursing home placement for Ida because she knew it went against Ida's wishes.
The state charged Ms. Raven with neglect. The hearing officer found that Ms. Raven's conduct met the criteria for neglect because she failed to provide services to maintain Ida's health. An appeals court agreed, ruling that the neglect finding was appropriate because Ms. Raven did not pursue residential treatment for Ida. Ms. Raven appealed.
The Washington Supreme Court reverses, holding that a "guardian's good-faith decision not to place an incapacitated person in a nursing home against the incapacitated person's wishes cannot be the basis for a finding of neglect." According to the court, because Ms. Raven made a good-faith determination about what Ida would have wanted if she were competent, it didn't matter whether Ms. Raven "based her determination on historic or contemporaneous facts (or both)."
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