July 17, 2024

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Elder Care Laws – Can My Children Force Me to Live in a Nursing Home?

There are laws to protect all of us – be it laws for children rights, laws for adults rights or even animal rights. Laws are put into place and kept updated so that no-one has the right to abuse a person and get away with it. Even the Elderly people have protection and laws put into place so that no one is able to mis-treat them.

Elder Care Laws

There are Civil Rights laws put into place where the rights to shelter, food, health and freedom is allowed. For the Elderly its the right to freedom of movement, freedom of choice, freedom of speech and the right to equal treatment under the law. If those rights are taken away from the Elderly person then they have the right to seek help. So under those Civil Rights no one is allowed to force you into living in nursing home.

Elder Care Laws – Can My Children Force Me to Live in a Nursing Home?

When you reach a certain age you will need some help with your ADL’s (assistance with Daily Living) and basic health care needs. You may no longer be as quick on your feet as you were when you were younger, and you may be losing your eye sight/ hearing. Yet you have the right as a human being to decide if you need to live in a Nursing Home. There will come a time in your life that as you age you will not accept the help, nor would you want to admit that you need the help but you are still awarded the Civil Rights law like any other human being.

When Family Step In

As an aged Care Nurse I have seen family step in and force their Mother/Father into a Nursing Home. Usually it is when a family member has Enduring Power of Attorney and believes that the Elderly person is no longer safe/nor able to look after themselves at home. Then it becomes an issue of yes the Children Can force a parent to live in a Nursing Home… but that usually means that the Elderly Person is no longer able to make their own decisions – financially or personally. If an aged care person reaches that stage then they are not fully aware of where they are (as in place) or why they are there.

Elder Care Rights

Each Elderly person is still allowed their basic human rights, their rights to health care, and their right to live. If those rights are being abused by an Enduring power of Attorney (EPOA) then the Adult Guardian will step in to protect and promote the rights of the person who is cognitive impaired (ie can not speak for themselves). No matter what age a person is, what is their reason for needing a nursing home – they deserve the basic care and needs that is their right.

Supporting Elderly People

If you are concerned about your Children admitting you to an Nursing Home without your consent then you need to find the answers to your questions. Confide in either a great friend, or family member or seek out an advocate who can support you without being personally involved.

There are laws for all and everyone. They are put into place to protect a person… so if you are an elderly person and you are wondering about, elder care laws? … then ask for help and reassurance. There will be a time when you will need a Nursing Home if there is no-one at home able to care for you. There is also home care – where a team of Nurses can give visits to your home depending on your needs and what you can apply for. So check out all your options before you are forced into any situation that you do not feel comfortable with. Elderly People deserve the best care possible.

To see more about Nursing Issues within Nursing Homes, and how an aged Care Nurse deals with Elderly People jump over to Nursing Issues.