(A) If consent is given and unless otherwise prohibited by law, a representative of the office of the state long-term care ombudsman program shall have access to any records, including medical records, of a resident or a recipient that are reasonably necessary for investigation of a complaint. Consent may be given in any of the following ways:

1. (1) In writing by the resident or recipient;
2. (2) Orally by the resident or recipient, witnessed in writing at the time it is given by one other person;
3. (3) In writing by the guardian of the resident or recipient;
4. (4) In writing by the attorney in fact of the resident or recipient, if the resident or recipient has authorized the attorney in fact to give such consent;
5. (5) In writing by the executor or administrator of the estate of a deceased resident or recipient.

(B) If consent to access to records is not refused by a resident or recipient or the resident's or recipient's legal representative but cannot be obtained and any of the following circumstances exist, a representative of the office of the state long-term care ombudsman program, on approval of the state long-term care ombudsman, may inspect the records of a resident or a recipient, including medical records, that are reasonably necessary for investigation of a complaint:

1. (1) The resident or recipient is unable to express written or oral consent and there is no guardian or attorney in fact;
2. (2) There is a guardian or attorney in fact, but the guardian or attorney in fact cannot be contacted within three working days;
3. (3) There is a guardianship or durable power of attorney, but its existence is unknown by the long-term care provider and the representative of the office at the time of the investigation;
4. (4) There is no executor or administrator of the estate of a deceased resident or recipient.