When an older individual relies on a caregiver to fulfill their needs, it makes them vulnerable to abuse from the caregiver. A caregiver can be an individual, family member(s), friend, home health aides in an assisted living facility or nursing home staff.
Passive neglect is a common example of a violation of rights by caregivers where the caregiver fails to provide essential care, such as food, water, hygiene, medication, or adequate supervision like leaving the elderly unattended for an extended time.
Assisted living and nursing home rights
Assisted living and nursing home contracts outline the basic rights of senior citizens residing in these facilities. Under the elder law, these rights aim to protect their well-being, dignity, and quality of life.
- Non-Discrimination: Senior citizens have the right to fair treatment.
- Privacy and dignity: Residents have the right to privacy in their personal space, belongings, and communications.
- Quality of care: Senior citizens have the right to quality care such as health care access, assistance with daily activities, and medication management.
- Freedom of choice: Residents have the right to make choices about their daily routines, participation in activities, and healthcare decisions.
- Safety and security: Facilities should provide measures to ensure residents’ safety, including emergency response systems and proper maintenance.
- Communication and visitation: Residents should be allowed to receive visitors, communicate freely, and have access to telephones, mail services, and the Internet.
- Grievance and complaint process: Senior citizens have the right to express concerns, file complaints, and have them addressed.
Any violation must be reported to the appropriate regulatory authorities, with help from an attorney.
Legal considerations for families
The families of residents in assisted living and nursing home settings have legal considerations in place to ensure their well-being. These considerations include transparency and an understanding of the following terms.
- Criteria of admission and information on discharge policies
- Contracts include payment terms, a list of services, rights, responsibilities, and a dispute resolution process.
- Financial considerations like cost of care, payment methods, potential increment in fee
- Dispute resolution between residents, families, and facilities
- Regulatory compliance i.e. ensuring that the facility is licensed, accredited, and inspected by the appropriate regulatory authorities.
It is recommended that residents and families consult with an elder law attorney or advocate who specializes in long-term care to navigate the legal considerations and ensure their rights.