Usually, the choice of whether to leave a nursing home belongs to the person living there. You may have concerns about whether your loved one is receiving the right care; you may even suspect abuse or negligence. Ultimately, though, it is the resident’s right to decide whether to stay or go.
The only exception is for nursing home residents under guardianship. Residents with some conditions, like dementia, may be incapable of making decisions for themselves. A judge can decide that a person is incompetent to make his or her own decisions, and can appoint a legal guardian. The guardian may then choose to move the resident to a different nursing home, even if the resident does not want to go.
If you want to move your loved one because you suspect abuse or negligence, it is very important that you report your suspicions. Each state has its own processes for reporting suspected resident abuse. For a listing of resident abuse hotlines by state, visit http://www.nccafv.org/state_elder_abuse_hotlines.htm, or Google “resident abuse hotline” along with the name of your state.
Rarely, a nursing home may attempt to remove your loved one from their facility. If the resident does not want to leave, the facility must provide at least 30 days’ advance notice, in writing.
If you need support or have any questions, please contact us for immediate assistance.