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Can an ombudsman file a complaint even if my parent doesn't want to?

No. Consent matters: if a parent has capacity and does not want a complaint pursued, that decision stands, even where family disagrees with it. The om

Quick answer

No. Consent matters: if a parent has capacity and does not want a complaint pursued, that decision stands, even where family disagrees with it. The ombudsman represents the resident's wishes, not the family's.

HomeQuestionsCan an ombudsman file a complaint even if my parent
Answer

No. Consent matters: if a parent has capacity and does not want a complaint pursued, that decision stands, even where family disagrees with it. The ombudsman represents the resident's wishes, not the family's.

How this actually works

This surprises adult children more than almost anything else about the ombudsman program. A parent with capacity is entitled to decide they would rather not pursue a complaint, even about something the family considers serious, and the ombudsman is bound to respect that. Where capacity is genuinely in question -- not simply a disagreement about judgment -- that is a different, harder conversation involving a physician's assessment and possibly a guardianship discussion, not something the ombudsman program resolves on its own.

Related questions

Questions families ask

Can an ombudsman file a complaint even if my parent doesn't want to?

No. Consent matters: if a parent has capacity and does not want a complaint pursued, that decision stands, even where family disagrees with it. The ombudsman represents the resident's wishes, not the family's.

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