Know Your Nursing Home and Assisted Living Residents’ Rights

When your loved one can no longer care for themselves safely at home, it’s difficult and emotionally straining to make the decision to move them to a care facility. They may prefer to stay in their own home. Children and close relatives often feel terrible for making the decision, but the truth is that a good senior living residence may be the best solution, physically and emotionally. Many facilities offer excellent care and offer social outlets that elders often miss out on at home.

One fear that adult children have is that their parents will be mistreated in a care facility. Residents in nursing homes and assisted living facilities are at their most vulnerable—and it takes a lot of trust in the institution to leave relatives without family oversight.

Most nursing homes and assisted living facilities are excellent. Your elder family member can flourish in a good environment with staff experienced in their specific care needs. There are ways to vet facilities before you choose one and even after your relative is in their care.

In Massachusetts, residents in assisted living facilities and nursing homes also have specific rights as established by state laws and federal regulations. Knowing what those rights are and how to make certain they are met provides some relief from the worry.

You can also seek the assistance of an elder attorney to clarify the laws and to help with planning and organization of your loved one’s estate.

Massachusetts General Laws: Assisted Living Facilities Residents’ Rights

Section 9 of the General Laws for the 190th General Court of the Commonwealth of Massachusetts itemizes a list of eighteen rights that all residents of assisted living facilities are entitled to by law. This section of the general law is much easier to read and understand than most case law and legal text. It’s advisable that you read through this section of the law to fully understand those rights. As an overview, it covers items such as a resident’s right to a clean and safe environment, the right to personal and financial privacy, and the right to stay in the facility without fear of eviction in accordance with landlord tenet laws.

Massachusetts General Laws: Patients’ and Residents’ Rights

This section of the General Laws for the 190th General Court of the Commonwealth of Massachusetts goes into a more detailed itemization of patient rights as they pertain to hospitals, nursing homes, and care facilities of a wide variety. It covers some of the same rights laid out in Section 9 but there are more rights covered, such as the ability to decline treatment by specific staff without compromising your ability to receive medications and needed treatment.

Legal Rights of Nursing Home Residents

This article from FindLaw.com offers excellent information on nursing home resident legal rights. It gives a great overview of the definitions of law as they apply to nursing homes and what rights the patient is entitled to by law. This is a good resource that can help clarify the information in those sections of the Massachusetts General Law.

You can also seek the assistance of an elder attorney to clarify the laws and to help with planning and organization of the estate.