By Harry S. Margolis
We received an inquiry from a nursing home employee about whether a guardian needed court approval to move a nursing home resident to another facility when she also had a health care proxy. Here, we will give a basic answer. If you need more specific information, don't hesitate to get in touch.
Under Massachusetts guardianship law, guardians must first seek court approval before placing the protected person in a nursing home. However, agents under health care proxies have the right to make health care decisions for individuals and, presumably, this would include placement in a nursing home.