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32 | During visit on 08/12/2025, LPA Marrufo obtained a copy of R1’s Physician’s Report. R1’s Physician’s Report has FM1’s name and signature in the “Signature of Resident and/or Resident’s Legal Representative” section. FM2’s signature is dated 02/07/2025.
On 09/05/2025, LPA Marrufo obtained copies of written communications sent from FM1’s attorney’s office to the facility’s attorney’s office. On 06/10/2025, FM1’s attorneys’ office sent an email to the facility’s attorney’s office requesting all R1’s billing, medical, and resident records. The email requested that the records be made available no later than 06/24/2025. On 07/31/2025, FM1’s attorneys’ office sent an email to the facility’s attorney’s office asking if the facility’s attorneys’ office will be providing R1’s resident records. On 08/29/2026, the facility’s attorneys’ office sent an email to FM1’s attorneys’ office stating that the facility will provide the records “after the weekend.” On 09/04/2025, FM1’s attorney’s office sent an email to the facility’s attorney’s office stating that they had still not received R1’s resident records.
On 02/24/2026, LPA Marrufo obtained a copy of R1’s Attorney’s Certificate. The document states that R1’s Power of Attorney was executed on 06/04/2022. The document states that R1’s named Attorney in Fact is family member FM2 or FM1.
On 02/24/2026, LPA Marrufo obtained a copy of R1’s Financial Durable Power of Attorney. The document is dated 06/04/2022. The document states, “I, [R1], hereby appoint [FM2] OR [FM1] as my attorney in fact, to act for me and in my name, as authorized in this document. I intend either agent to be able to act for me independently.” The document further states, “Subject to any limitations in this document, I hereby grant to my agent(s) full power and authority to act for me and in my name in any way which I myself could act, if I were personally present and able to act, with respect to the following matters as each of them is defined and construed by the laws of the State of California:…18. Any third party from whom the agent may request information, records, or other documents regarding the principal’s personal affairs may release and deliver all such information, records, or documents to the agent. The principal hereby waives any privilege that may apply to release of such information, records, or other documents.”
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