US · guidance
CMS SOM App. FC, Tag M0132
§485.910(b)(2) If a client has been adjudged incompetent under State law by a court of
proper jurisdiction, the rights of the client are exercised by the person appointed in
accordance with State law to act on the client's behalf.
Interpretive Guidelines §485.910(b)(2)
If the record indicates there is legal guardianship, verify that the legal guardian has been
informed of the client’s rights. There should be evidence in the record that the facility
provides sufficient information to enable the guardian to be actively involved in the
exercise of the rights. Evidence of a guardian being actively may include such activities as
participation in treatment decision making, filing grievances if indicated and serving as an
advocate for client personal property and care planning needs.
History
Rev. 218; Issued: 03-08-24; Effective: 03-08-24; Implementation: 03-08-24
Provenance
- Source
- cms.gov
- Retrieved
- 2026-07-22
- Edition
- som-2026-07-22
- Content hash
665e00889bbe1fe2ac338dfbc03840ed17532dca1a33e3a6797249d4ee287a50
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