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Home » Elder Law » Your Rights in Assisted Living Facilities

Your Rights in Assisted Living Facilities

September 13, 2010 by Anthony Moccia Leave a Comment

When someone enters an assisted living facility or a nursing home they do not give up the rights that they had when they were living on their own and it’s very important that both the resident and the resident’s family are aware of those rights. You should also have a clear plan of action in the event those rights are violated.

In general, your loved one has the right to be treated with dignity and respect. They should be addressed by their proper name, receive nutritious meals at the specified times and should never be forced to participate in activities they don’t choose to engage in.

Your loved one also has the right to feel safe and secure in the facility, and that means they are not subjected to any type of abuse, whether verbal, physical or otherwise.

Residents also have the right assistance with personal needs, such as using the restroom, cleaning the resident, etc and they should not be restrained without cause.

Residents have the right to privacy. When they are being attended to by nursing assistance, they should be in a closed area where visitors and other patients cannot see this person in a compromising situation. The person also has the right to keep personal belongings in their living space, as long as these objects do not interfere with the care of that patient, or others.

If they are capable, residents at nursing facilities still have the right to make decisions about their medical care, including changing their healthcare provider. They can also refuse treatment and food if they choose. They also have a right to look at their financial records.

If any of these rights are violated the resident or their family has the right to take steps to remedy the problem. If the violation is serious you can all the police or social services, otherwise you can bring it to the attention of the director of the home. If the situation is not corrected you can inform social services and remove the person from the home. If there is physical and emotional harm resulting from these abuses you can also file a lawsuit against the facility.

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Anthony Moccia
Anthony Moccia
Anthony Moccia is an attorney and partner at The Law Offices of Kobrick & Moccia.His practice focuses on estate planning and elder law.He is a member of the New York State and Nassau County Bar Associations.He frequently presents free seminars on wills & living trusts to area residents and his seminars are said to be “informative, entertaining & easy to understand.”
Anthony Moccia
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Filed Under: Elder Law, Incapacity Planning, Long Term Care Tagged With: elder abuse

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