Home Care Options for Seniors

As the population ages, everyone hopes they can stay in their homes and be healthy as long as possible. Modern health care and medical treatment make that possible. Still, at some point older adults reach a stage where they need more support. Nursing homes, assisted long-term care facilities, skilled nursing facilities (SNFs), and in-home caregivers are all options for care.

This article reviews older adults' rights and protections when they leave their homes and enter a nursing home or assisted living facility. It also examines what family members can do to ensure the comfort and safety of their loved ones.

Different Types of Senior Care

Even when older people can remain in their own homes, they may need extra help with daily living activities. Shopping, driving, and housework can be difficult for seniors. Depending on the person's degree of independence, the amount of help they need determines the level of care they should receive.

• In-Home Care: This may range from a weekly visit to assist with housekeeping and grocery shopping to full-time live-in caregivers. In-home care allows seniors to remain in their own homes and communities, which is important for their mental health and well-being.
• Assisted Living Facilities: These facilities provide meal and medical services in a residential setting. Seniors live in their own apartments, but the facility is responsible for food, on-site medical care, and community activities.
• Skilled Nursing Facilities: SNFs are full-care facilities for seniors who need 24-hour medical care. The residence may be a home-like setting, but the patients need a higher level of medical support.
• Memory Care Facilities: Older adults with Alzheimer's, dementia, and other types of mental disorders may have good physical health but are unable to live alone. Memory care facilities offer comfortable care with an extra layer of security for these patients.
• Rehabilitation Center:. Short-term care facilities for individuals recovering from serious illness, surgery, or injuries that need treatment. People of all ages may go to rehabilitation centers, although elderly patients may need more time to recover from some conditions.

No bright line determines when an older person must move from one care level to the next. Individuals with good physical health who are suffering from dementia may need a higher level of care than an aged person who just needs someone to drive them to the grocery store. In general, the individual's desire should guide their placement.

Rights and Protections for Seniors in Health Care

Seniors worry about losing independence as they age. When you're unable to drive or leave your home when you want, putting your life in strangers' hands can be frightening. Residents in nursing homes and assisted living facilities have the same rights as any resident in an apartment building. They should not feel that they are patients or have lost any civil rights because they live in a type of health care facility.

Whether the individual is in a long-term residential facility or a short-term rehab center, they have the same rights as anyone. Even patients in memory care facilities must have these rights explained to them and be allowed to exercise them to the greatest extent possible. All residents have the right:

• To respectful treatment
• To freedom from discrimination
• To freedom from abuse and neglect
• To make complaints and have them addressed
• To have decision-making ability over their medical care
• To designate a power of attorney and have that individual involved in all health care decisions
• To handle their own money and know about changes in costs and fees
• To participate in group activities and access to friends and family

Unless an individual has been adjudicated incompetent or has given their decision-making abilities to another person, they have the legal right to make informed decisions about their health care services.

Legal Documents To Have in the Home

Whether seniors live at home or in a care facility, they should have their paperwork in order. This can be almost as daunting as moving into a care facility. It's a good idea to get legal advice from an elder law attorney for estate planning and medical powers of attorney.

• Living wills: Also known as advance directives, living wills explain the person's wishes if they cannot communicate. Living wills outline the person's wishes regarding life support, nutrition, and IV hydration. They also state who should make medical decisions.
• Do Not Resuscitate (DNR) Orders: Most states have an official DNR form issued by the state's Department of Health and Human Services. A physician must sign these forms and affirm that the individual was competent when they signed it.
• Powers of Attorney: Keep living wills, medical powers of attorney, and other medical records together. Someone must contact the medical power of attorney if there is a medical emergency. Keep all the forms together if there is a separate financial or general power of attorney or general power of attorney.
• Health insurance, Medicare, Medicaid, and other healthcare documents: Include names and contact information for healthcare providers.

This can be a lot to handle when dealing with an elderly parent. Consider speaking with an elder law attorney for legal advice and assistance.

Family Members' Responsibilities

When it's time for senior health care planning, family members should be active participants. Ensuring the patient rights of loved ones in nursing homes and other facilities often falls to the families of the residents. Families tend to let older relatives make their own decisions, even when it isn't the best choice.

Older family members need advocacy from their loved ones. You can assist best by:

• Staying in contact with health care professionals: HIPAA law prevents physicians from releasing health information without the patient's consent, so become part of your family member's care early.
• Support your family member's decisions about their treatment plans: These include hospice and end-of-life care.
• Monitor your family member's medical conditions: If they worsen or become unresponsive to treatment, notify their doctor.
• Visit them at home or their residence facility often: Listen to any concerns or complaints about the facility and follow up on complaints.

Considering Home Care Options for Seniors? An Attorney Can Help

Whether it's home care or an outside facility, choosing a type of health care for an elder isn't often a legal matter. However, you may need to consider state or federal regulations, such as those provided by Medicare. If you need legal expertise as you compare your options, speak to an experienced elder law attorney near you.