Legal and Ethical Considerations When a Senior is Taken Unauthorized from a Skilled Nursing Facility

Recent incidents involving unauthorized removal of seniors from skilled nursing facilities have raised significant ethical and legal questions. Understanding the responsibilities of family members, nursing homes, and legal systems is crucial in addressing these concerns effectively.

The Legal Framework

Unless a patient has been deemed legally incompetent by a court, the family has limited legal recourse in preventing unauthorized removal. Skilled nursing facilities are designed as places of care and support, not confinement. Residents have the legal right to leave when they choose to do so, reflecting the core principles of dignity and autonomy in elder care.

Immediate Actions

One of the first steps the family can take, in the event of unauthorized removal, is to call the police. Such actions could be classified as kidnapping, and the facility could face severe legal penalties. Similarly, it is important to understand that unauthorized removal of a senior, even if it seems inappropriate, doesn't automatically equate to illegal activity or neglect.

Navigating Legal Challenges

At the core of any unauthorized removal issue is the mental competence of the patient. If the senior was lucid and made the decision to leave, no legal actions are necessary. Conversely, if the senior is deemed not of sound mind, the family must act according to court-approved designations, such as a power of attorney (POA).

Family members without legal authority should communicate with the nursing home and the patient's POA about the concerns. It is essential to document and report any suspicious activities to the facility's management and relevant oversight bodies, such as the ombudsmen, to ensure that all legal and ethical standards are being upheld.

Role of the Nursing Facility

The nursing facility is responsible for maintaining proper documentation and ensuring that all residents' needs, including their personal choices about mobility, are respected. If the facility fails in these responsibilities, they could face consequences, including legal action. The facility must follow the directives of the POA and maintain a clear record of the patient's wishes and conditions.

Legal Recourse: Filing Kidnapping Charges or Suing for Neglect

If the senior was of sound mind and you are not the POA, it is not your responsibility to intervene. However, if you are the POA, you should file criminal charges such as kidnapping against the unauthorized person. Additionally, the family can consider suing the facility for senior neglect, although staffing issues are usually addressed through internal guidelines and regular audits.

Ultimately, respecting the autonomy and rights of the senior is paramount in elder care. Families and facilities must work together to ensure that the best care and legal protections are provided to ensure the wellbeing of the senior citizen.

Keywords: unauthorized removal, skilled nursing facility, legal responsibility