How to keep your loved one safe in assisted living?

Every family wants the absolute best care for their elderly relatives. But here’s the thing…

Did you know there are currently more than 800,000 Americans living in assisted living facilities right now? And while most facilities provide excellent care for the elderly, safeguarding rights isn’t always a given.

Elderly woman being cared for in assisted living.

Let’s talk about the problem…

Far too many residents have their basic rights violated when living in assisted living facilities. From violations of privacy to financial abuse, there are many potential risks. That’s why it’s absolutely critical to understand how to protect your loved one’s rights.

Let’s take a look at:

  • Understanding Elderly Rights in Assisted Living
  • Warning Signs of Rights Violations
  • How to Choose the Right Legal Protection
  • Building Your Defense Strategy

Understanding Elderly Rights in Assisted Living

Elderly residents have specific rights that assisted living facilities must respect and uphold…

But here’s what most families don’t realize. Many of these rights violations go unreported because families simply aren’t aware of the protections that should be in place.

Every assisted living resident has the right to:

  • Dignity and respect from all staff members
  • Privacy in their personal space and medical care
  • Freedom from abuse of any kind
  • Control over their finances and personal belongings
  • Participation in their own care decisions

Statistics show that 64% of staff from nursing care facilities said they had committed some form of abuse in the past year.

This is a very worrying number, and it makes it easy to understand why so many residents are suffering in silence. Although the statistic above is for nursing homes, the problem is also prevalent in assisted living facilities.

And here’s the kicker…

Most families never see it coming. Rights violations can start small and escalate over time. That’s why it’s so important to be able to detect them early on and prevent them.

Warning Signs of Rights Violations

Spotting the warning signs is often the first step to preventing serious harm to your loved one.

Here’s what to look for during visits:

Physical signs to look for include:

  • Unexplained bruises or injuries
  • Poor hygiene or inappropriate clothing
  • Sudden weight loss or signs of dehydration
  • Missing personal belongings

Behavioral changes to watch out for include:

  • Withdrawal from family and friends
  • Fear of certain staff members
  • Reluctance to speak about daily activities
  • Changes in mood or personality

The truth is that 5 million older Americans experience abuse every year, and many of them live in facilities that we trust to keep them safe.

But don’t panic just yet…

By now you are in the know and aware of these warning signs. You are far ahead of most families in this respect. You can now easily spot problems early on and take action before it is too late.

When rights violations occur, having the right people on your side becomes absolutely essential. Specialists in elder law can give you and your family an upper hand in the situation, as these dedicated professionals understand the complex regulations that govern assisted living facilities.

Here’s why your regular attorney is not enough…

Elder law is a specialized field. It takes a thorough knowledge of the different systems such as Medicare, Medicaid, facility regulations, and resident rights laws. Without the proper expertise, your case could fall through the cracks of the system.

The right legal specialist will:

  • Investigate the facility’s compliance record
  • Document all violations
  • Negotiate with facility management
  • File complaints with state agencies when necessary
  • Pursue compensation for damages

Just think about this for a second. You would not hire a general contractor to repair your car engine, right? The same principle applies to your legal protection.

Building Your Defense Strategy

The best defense is a good offense, as the saying goes.

Before placing your loved one:

  • Research the facility’s inspection records in depth. Most states publish this information online. Try to visit during different times of day to see how things really operate. Read the residency agreement line by line before signing it.

After placement, you should:

  • Stay involved by scheduling regular visits during varying times. Building a relationship with some staff members is crucial. Document everything. Don’t be afraid to stay involved in care planning meetings.

Here’s something that most families miss…

Creating a support network within the facility can be one of the most powerful things you can do. Other families, ombudsmen, and friendly staff members can all serve as additional eyes and ears.

Know Your Resources

Several organizations have the task of protecting elderly rights. These include:

  • Long-term Care Ombudsmen who investigate complaints and help resolve problems
  • Adult Protective Services who handle abuse and exploitation reports
  • State licensing agencies who oversee facility operations

But let’s be real here…

These resources are often stretched thin and understaffed. They can’t make up for a lack of vigilant family involvement or proper legal representation when serious violations occur.

Financial Protection Strategies

Financial exploitation is one of the most common types of rights violations. Safeguarding your loved one’s financial well-being is crucial.

Protect your loved one’s assets by setting up automatic bill payments and monitoring bank accounts regularly. Limit the amount of cash that is easily accessible to your relative. Set up a power of attorney before you need it.

The numbers don’t lie here. Financial abuse costs elderly Americans billions of dollars every year. Simple preventive measures can help you save your family from financial ruin.

Taking Action When Rights Are Violated

If you suspect a rights violation has occurred, act quickly but strategically.

Document everything immediately. Take photos of injuries and gather witness statements. Preserve all evidence.

Report the violation to facility management first. Give them a chance to correct the issue internally.

Contact state regulatory agencies if the facility is unresponsive.

Seek legal counsel if the violation is serious. Don’t wait for things to get worse – evidence disappears quickly in these situations.

The good news is that facilities rely on their reputation to bring in new residents. The mere threat of public exposure and legal action can often lead to quick problem resolution.

Wrapping It All Together

Protecting elderly rights in assisted living facilities takes constant vigilance and the right support system in place.

It’s no secret that 63% of assisted living facilities reported some kind of staff shortage in 2022. Staff shortages increase pressure on the remaining staff members and thus increase the likelihood of rights violations.

But families that are well informed and involved make all the difference. By understanding rights, watching out for warning signs, and having proper legal protection, you can help ensure your loved one is treated with the respect and care they deserve.

Start by researching facilities thoroughly before you make any decisions. Stay involved after placement. Never hesitate to seek help when something does not feel right.

Your loved one’s safety and dignity depend on you. With the right approach, you can provide that protection while allowing them the independence they deserve.