It is important that residents of nursing homes know that they have rights. The Kansas City Accident Injury Attorneys has compiled a list of rights of nursing home residents in Kansas and Missouri. Each state and some cities may also provide additional rights that are not listed.
If you believe your rights are being violated and you are being mistreated or neglected in a Kansas City nursing home, contact the Kansas City Accident Injury Attorneys. Our personal injury attorneys can help. You may have a nursing home abuse or neglect case. You can also request a FREE copy of our book, “Nursing Home Neglect, How to Recognize it and Stop it.”
First and foremost, when entering a nursing home, an adult retains all the constitutional and civil rights that any other citizen has. But, they also have additional rights and protections provided by state and federal law.
Every nursing home resident has the right to a dignified existence, self-determination and communication with and access to persons and services inside and outside the facility. Under both state and federal law, the nursing home must protect and promote these rights.
Before being admitted to a home, a resident must be informed both orally and in writing of their rights. The resident must also be given the rules of the home, rates and services of the home, and rules concerning Medicaid eligibility.
The resident must be informed in writing of any changes at least 30 days in advance.
The resident must be able to exercise his rights as a citizen and nursing home resident without interference, discrimination, coercion or fear of reprisal from the home.
The resident may use a Durable Power of Attorney for Health Care Decisions to designate a person who will assert the residents rights if she is unable to do so. Otherwise, a court appointed guardian may exercise the resident’s rights if the resident is judged incompetent.
A resident has the right to manage his own financial affairs.
If a resident deposits funds with the home, they must be managed properly. The resident must receive a quarterly written statement. If more than $50 is deposited with the home, they must be placed in an interested bearing account at a financial institution. After the death of the resident, all funds must be transferred to the executor of the resident’s estate or to the probate court within 30 days.
The nursing home must have a written policy regarding the protection of resident’s possessions. If property is missing and the home or staff is responsible for the loss, the resident may have a claim against the home.
Continued in Part 2.