Elder Law Answers
Can My Nursing Home Prevent Me From Leaving to Visit Family?
I live in a nursing home in New Jersey. I left the facility to visit family approximately 18 days this year. N...
Read moreCan a Nursing Home Prevent a Mentally Competent Resident from Leaving?
- June 7th, 2017
Q
The managers of a skilled nursing facility are preventing a mentally competent wheelchair user who lives in the facility from coming and going as she pleases. She would like to roll around the neighborhood and take public transportation to shop, go to movies, and meet friends. The managers have decided this is unsafe, despite her doctor saying it's okay. What recourse does she have?
A
The nursing home resident has the right to come and go as she pleases. She is not incarcerated. However, the facility also has the right to protect itself from potential liability if the woman is injured in any way and it is under no obligation to assist with comings and goings that it feels are inadvisable. It may require the resident to sign a release of liability as a condition of continuing to stay at the facility. For information on resolving disputes with nursing homes, go here: https://www.elderlawanswers.com/resolving-disputes-with-nursing-homes-12240.
Local Elder Law Attorneys in Ashburn, VA
Meet William Fralin
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William Fralin
The Estate Planning & Elder Law Firm PC
Bill founded The Estate Planning & Elder Law Firm, P.C. in 1994. Bill limits his practice to the areas of estate planning and administration, incapacity planning, Medicaid, asset protection planning, and elder law. He is one of (15) fifteen attorneys practicing in Virginia, Maryland and the District of Columbia, ce...
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Ron Landsman
Ron M. Landsman, P.A.
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
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Judith Mitnick
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