Yes. The ombudsman acts only with the consent of the resident, or their legal representative if the resident lacks capacity to consent. This surprises many adult children, particularly when a parent with intact decision-making capacity does not want a complaint pursued that the family feels strongly about.
How this actually works
This consent requirement exists because the ombudsman's role is to advocate for the resident's own wishes, not the family's preferences on the resident's behalf. If a Staten Island parent has capacity and, for example, decides they do not want to formally complain about a roommate situation or a specific staff interaction, that decision generally stands, even where adult children strongly disagree.
Where a resident lacks capacity -- due to advanced dementia, for instance -- their legal representative (someone with health care proxy or guardianship authority) can generally provide the consent needed for the ombudsman to act on the resident's behalf. This is one of several reasons getting legal documents like a health care proxy in place early, while a parent still has capacity, matters.
Related questions
- What does the Long-Term Care Ombudsman actually do for a Staten Island family?
- How do I reach the Long-Term Care Ombudsman that covers Staten Island specifically?
- What's the practical difference between calling the ombudsman and calling NYSDOH's complaint line?
- Is contacting the ombudsman free, and will it cost my family anything?
- Can the ombudsman attend a care planning conference with my parent's facility?
