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When do nursing homes need to notify legal representatives?

On Behalf of | Oct 31, 2024 | Elder Law

Nursing homes are important facilities where persons of advanced age receive essential care and support that meets their physical, medical and emotional needs.

Many nursing home residents have legal guardians or other representatives who are involved in their care, and nursing homes have an official duty to keep those representatives informed about certain situations.

What must representatives be informed about?

The nursing home is required to inform the legal representative, doctor or a family member of the resident when there are:

  • Medical complications: If a nursing home resident develops medical complications, such as infections, sudden illness or worsening of a chronic condition, the representative should be notified promptly.
  • Accidents or injuries: Any incident resulting in injury, such as a fall or accident, should be reported to the resident’s representative to keep them informed and involved in any necessary care decisions.
  • Significant changes in health: Sudden weight loss, cognitive declines or other notable health changes require that the representative be notified so they can discuss care adjustments if needed.
  • Hospital transfers: When a resident is transferred to a hospital or other care facility, the nursing home should inform the representative to maintain continuity of care and make sure family members are aware of the resident’s whereabouts.
  • Changes in treatment plans: If there is an adjustment in the resident’s treatment, medication or care approach, the representative should be informed to support transparent communication and shared decision-making.

These notifications help ensure that the resident’s representative can stay actively involved in their charge’s care, advocate for their well-being and make informed decisions alongside the nursing home staff when significant issues arise. If a nursing home fails to notify about any of the above, legal guidance can help explore options for protecting the resident’s rights and addressing possible neglect.