DO ELDERLY RESIDENTS HAVE THE RIGHT TO LEAVE A NURSING HOME?
Yes, elderly persons generally have the right to leave the nursing home at anytime they wish, when there is no court order to keep them in a secured perimeter facility.
In reality, many nursing homes try to keep the residents safe, by having a bell that rings when someone attempts to leave. Often times, the elder is asked to sign a release, if he or she wants to leave. It is questionable, whether such a release will be effective.
Under California law, even a person with a power of attorney CANNOT prevent the elder from leaving the facility, without a prior court order. Nursing homes make errors. While they may have the best intentions, they sometimes confine people without an order. Residents of nursing homes should be aware of any restrictions to leave and should discuss this with their loved ones. If you need help, please call us at 818.340.4479.
There are sign-in and sign-out forms at every facility to insure that elders are safe, and that all vendors are identified. Ask about how your loved ones can leave and still remain safe.
For more information about rights of elderly in nursing homes in Los Angeles County California, call Mina Sirkin, Elder Law attorney in Woodland Hills. Call 818.340.4479
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