Table of Contents
- What Legal Protections Do Older People Have in a Nursing Home? Everything You Need to Know
- Adult Protective Services (APS)
- Civil Actions Based on Statutes
- Laws Preventing Nursing Home Abuse
- When Nursing Homes Fail To Provide Protection
- Standard of Care To Prevent Neglect
- Exploitation of Older People
- Conclusion
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As older adults enter nursing homes, it's crucial to understand the legal protections available to them against abuse and neglect. This blog post explores the rights of elderly residents and the role of attorneys in advocating for these rights, helping you find an attorney near you to ensure the safety and dignity of loved ones in care facilities.
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Discover the legal protections available for older people in nursing homes, including laws against abuse, neglect, and exploitation. Learn how adult protective services and civil actions can help victims seek justice, and find an attorney near you to advocate for elder rights and well-being.
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Flat vector illustration of an elderly nursing home resident in a safe environment while a caregiver or advocate explains their legal protections, with legal symbols like scales of justice in the background.
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Feb 28, 2025 10:55 PM
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What Legal Protections Do Older People Have in a Nursing Home? Everything You Need to Know
All states have laws concerning the abuse, neglect, or exploitation of older people. These laws or statutes ensure older adults have the autonomy, respect, and attentive care they deserve. Most states have a system of adult protective services for investigating and remedying reported abuses.
💡 For every post in this series, scroll down to “Related Posts.”
Adult Protective Services (APS)
All states have a system for:
- Reporting allegations of abuse, neglect, and exploitation of older people
- Investigating the allegations
- Providing services to older people to remedy problems and prevent recurrence
Most states have mandatory reporting requirements for elderly abuse. Health care professionals and long-term care providers may have a legal duty to report any abuse they witness.
Civil Actions Based on Statutes
Some states have created causes of action involving the abuse, neglect, or exploitation of older people. This allows victims to bring civil actions against liable parties. Liable perpetrators may include nursing homes, long-term care facilities, and employees.
Laws Preventing Nursing Home Abuse
Nursing homes must ensure the respect and freedom of their residents. Some states have special statutory protections against violating the rights of residents of nursing homes and long-term care facilities alike.
When Nursing Homes Fail To Provide Protection
If a nursing home fails to protect its residents, it may become liable for abuse or negligence. While state definitions of abuse vary, many states' definitions include actions that cause personal or physical injury, emotional anguish, psychological injury, and pain and suffering.
Standard of Care To Prevent Neglect
Most states define neglect of an older person as the failure to provide them with services essential to health and safety. Accordingly, nursing homes and similar facilities have a duty of care to prevent harm to their residents.
Exploitation of Older People
Caregivers also might harm older people by taking advantage of them. This could include taking their money or property, inducing them to perform sexual acts without consent, or forcing them to perform other services for the benefit of a caregiver.
Conclusion
Abuse of an older person can cause serious pain and hardship for those affected, including family members. Victims may suffer from exploitation, neglect, physical abuse, or some other mistreatment. Get help by contacting a local personal injury attorney near you.
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