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Does a resident have the right to refuse to go to bed if living in a nursing home?

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violas

Member
What is the name of your state (only U.S. law)? Florida. There is a lady at the nursing home who doesn't want to go to bed. She prefers to sleep in her wheelchair. Does she have the legal right to do so? The supervisors at the nursing home are saying No and are saying that we have to put her to bed. I see no court documents in her chart saying that she has been found to be" mentally incompetent" in a court of law.:confused:
 


justalayman

Senior Member
regardless of whether the resident has a legal right or not, if she refuses to comply with the directives of the home she can be evicted as a resident.


beyond that there are issues of liability for them allowing her to remain in a wheelchair. Being in a wheelchair continually can cause pressure sores. Being required to move to the bed helps prevent them. Wheelchairs do not provide proper restraints to allow sleeping in the chair with no fear of either falling out or if a lap belt is used, it could result in positional asphyxiation if the person leaned over in such a manner it pressed against their diaphragm and prevented them from breathing.

sorry but for her own good she should move to the bed.
 

violas

Member
I totally agree that she needs to be in bed

However, if a CNA forced her to go to bed without her consent, wouldn't that be considered assault and battery because she didn't give her consent? Does she not have the legal right to refuse to go to bed?
 

justalayman

Senior Member
I have to ask; who are you in this situation? why does it matter to you?


as to giving consent; you should probably read the contracts signed when the party was accepted as a resident. Given there are differing levels of "nursing home" care, depending on the level of care, the home's options are going to vary.
 

violas

Member
I am the wound care nurse

I am not a supervisor or a CNA. However, the CNA's are coming to me and are asking me for advice as to what they should do.
 

I'mTheFather

Senior Member
Perhaps the CNAs should post their own legal questions or ask their supervisors. I doubt you are in the position to provide legal advice, nor should you be.
 

justalayman

Senior Member
I am not a supervisor or a CNA. However, the CNA's are coming to me and are asking me for advice as to what they should do.
then unless you are the corporate attorney, you should simply refuse to provide advice as it can implicate you in a liability issue.


let me modify that;

the only advice you should give is to refer the cna's to their supervisor.
 

violas

Member
The CNA's think the supervisors are not following the law

as they have been taught at the nursing home that the residents have the right to refuse. I told the CNA's I would ask for advice at a legal forum for them. So no one here can tell me if a resident in a nursing home has the legal right to refuse? So when you enter a nursing home the reality is that you actually have no rights? You just blindly do what a supervisor tells you to do period?:confused:
 

cbg

I'm a Northern Girl
I can't speak for anyone else, but in my case I've just had my fill of questions from someone who isn't involved in the situation and is asking on behalf of someone else, meaning that you likely don't have all the information and at least some of the information you do have is wrong.

Violas, when you have an actual question that affects you and for which you can guarantee us that you have all of the information that we will need to advise you, come on back. Until then, if the CNA's don't like the answers they've been given by management, then tell THEM to sign up and ask their OWN questions. Or better yet, as a Florida elder law attorney.
 

TheGeekess

Keeper of the Kraken
as they have been taught at the nursing home that the residents have the right to refuse. I told the CNA's I would ask for advice at a legal forum for them. So no one here can tell me if a resident in a nursing home has the legal right to refuse? So when you enter a nursing home the reality is that you actually have no rights? You just blindly do what a supervisor tells you to do period?:confused:
All these situations should be covered in the policy and procedure manual. :cool:

You need to stop.
 

violas

Member
You're right. I need to stop coming here

What a waste of time! Obviously, it is not listed in our policy and procedure manual. That's why I came here!!! Goodbye and good riddance!!!
 

Ladyback1

Senior Member
What a waste of time! Obviously, it is not listed in our policy and procedure manual. That's why I came here!!! Goodbye and good riddance!!!
If it a privately owned and operated facility, the owners have every right to say that people can't sleep in a wheelchair overnight.

There are several issues that could arise if sleeping in wheel chairs was allowed....and those have been explained to you.

And who are you in this conundrum? I'm guessing either food or environmental services?

Has this been brought up to the D.O.N.? Not just the floor/shift supervisor but the actual D.O.N? What is the patient's medical history? Any diagnoses that would contraindicate sitting up alone/unattended for extended periods of time? What is the patient's mental history?

Seriously, just like a bar can refuse to serve a drink to any patron who is obviously drunk---an assisted living/long term care facility can refuse to allow a patient to do something that could be harmful to the patient.
 

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