While modern medicine has made, and continues to make, great strides in addressing a myriad of ailments, aging and many of the problems that accompany it continue to be a reality. Thus, at some point, it becomes necessary for many to seek out a situation in which round-the-clock care is available. In many cases, placement in an assisted living facility is a superior solution, as it gives residents the right amount of freedom with n appropriate level of care and convenience. Obviously, beginning a new phase of life in an assisted living facility is a significant change that may prompt concerns among friends and loved ones. Thus, it’s important to be familiar with the law that governs assisted living facilities so you can be sure everything is proper and above board. Because the law in this area can be complex, consulting an experienced attorney such as Elaine Schwartz is advisable.
Elaine Schwartz has nearly two decades of experience providing assistance in legal matters relevant to older Florida residents. Schwartz’s focus has enabled her to offer superior service and gain insight into the latest trends and most effective strategies for representation in this area. And addressing the laws related to assisted living facilities is no exception.
In Florida, preventing nursing home abuse and neglect is a high priority, so the state legislature enacted Florida Statutes section 429.28, which functions as a “bill of rights” for residents of assisted living facilities. This legislation provides a list of conditions by which assisted living facilities must legally comply, making it much more effective than any well-intentioned, but ultimately only aspirational, policy any individual facility may offer.
First and foremost in the Florida assisted living facility resident rights statute is the right to all of the civil and legal rights, benefits and privileges guaranteed to citizens of both Florida and the United States. Additionally, the statute mandates residents are treated with consideration and respect, have their privacy and dignity maintained, and that residents are entitled to the use and enjoyment of their own property unless such allowance would be medically inadvisable. Other rights enumerated include the right to manage one’s own financial affairs; the right to unfettered communication; reasonable opportunity to exercise; and access to appropriate health care.
Issues involving the rights and health of loved ones and family members deserve the highest degree of care and professionalism. To make sure that those you care about are treated properly, contact Elaine Schwartz.