Sometimes it’s necessary to consider moving a family member from one nursing home facility to another. Perhaps family members are moving out of the area, or there are concerns of neglect and abuse. While legally possible, the logistics to remove a loved one from a nursing home are challenging. However, if your family member is at risk, it’s critical to consider nursing home removal.
The California nursing home lawyers at Silva Injury Law understand the importance of removing a family member who might be at risk. If you need assistance removing a family member from a nursing home in California, schedule a consultation immediately.
Reasons Family Members Remove a Loved One from a Nursing Home
There are several different reasons family members might opt to change facilities. One of the most common reasons is suspected abuse or neglect. While many homes have loving caregivers and staff, there’s always the chance of one or two bad employees. Nursing home neglect and abuse are a real problem across the country. Even the best facilities are not immune.
Sometimes it’s necessary to move a family member because they need specialized care. Nursing homes are not equal. Some homes specialize in memory care or specific health conditions. It’s perfectly acceptable to want to move your family member to a place where they will receive the best care.
While COVID-19 outbreaks have decreased when compared to 2020, they still happen. Infectious diseases and viruses can spread quickly, resulting in multiple deaths. Understandably, family members want to move a loved one out of a facility that doesn’t take proper safeguards to protect vulnerable and immunocompromised residents.
In other situations, the nursing home might be forcing the move. If the facility is closing, residents will have to go somewhere else. A facility might lose a special certification and be unable to care for your family member’s condition. In rare situations, the facility might claim your family member is too disruptive or is putting other residents in harm’s way.
Some facilities might also use illegal tactics to force a move, claiming excuses like Medicare coverage is ending or no long-term beds are available. Contact our lawyers immediately if this scenario applies to your family. You need a legal advocate to protect your family member’s rights.
How to Remove a Loved One from a Nursing Home
If the resident can make their own decisions regarding medical care, they have the final say on leaving a facility. If the resident has authorized someone else to act on their behalf for health care decisions, that person can choose to remove them. You can take specific steps to ensure the transition runs smoothly. Here are some helpful tips to consider when removing a loved one from a nursing home:
- Create a plan for what to do with the resident’s personal belongings;
- Notify all insurance providers of the new facility;
- Make sure necessary family members and friends have the new facility info;
- Provide payment companies with up-to-date billing information;
- Help your family member create a budget to make sure spending habits align with this change in residence;
- Coordinate with the transportation provider for the move day;
- Get an up-to-date list of all medications and dosages to verify your family member receives all their necessary prescriptions;
- Discuss meal times and make sure there is no disruption with the move;
- Meet with a representative from the new nursing home ahead of time if possible; and
- Account for all important possessions on moving day.
Ideally, you want to help minimize stress for your loved one, especially on moving days. Taking a few extra steps can go a long way in assisting them to adjust to a new setting and new caregivers.
If a nursing home employee is putting up roadblocks on transfer day, you might need to file a complaint and hire a lawyer. Despite clear patient rights afforded under federal and state laws, some nursing homes don’t care about following the law or protecting patients.
Contact Us Today
If you have questions about how to remove a loved one from a nursing home in California, Silva Injury Law is here to help. Moving someone from one nursing home to another should be straightforward, but it’s often not. There are several reasons why a facility might not be amenable to helping your loved one transfer. Absent any legal right to deny a transfer, a nursing home doesn’t have the right to keep your loved one there against their will.With years of experience helping family members with nursing home abuse and neglect cases, we know what it takes to remove a family member from an at-risk situation. When you need someone to protect your family’s rights, we will be there every step of the way. Contact Silva Injury Law today to schedule an initial consultation and learn more about how we can help you remove a loved one from a nursing home.
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At Silva Injury Law we promote healing through compassionate advocacy. With each case tailored to the individual, we look our for your best interests by evaluating your unique circumstances. Contact us today for a FREE in person or remote consultation.