Pursuant to 42 CFR 483.10 (8)(iii)(d) Right to Participate in Their Care and Treatment
“The resident has the right to— participate in the their care and treatment
(3) Unless adjudged incompetent or otherwise found to be incapacitated under the laws of the State, participate in planning care and treatment or changes in care and treatment.
Nursing home residents have the right to be fully informed in advance about care and treatment, you would think this is non automatically but in many cases there are changes without the input of the resident, their family or representative. Many times these changes are for the convenience of the staff at the nursing home or for some other reason which is not focused on resident care.
Please contact Attorney Kenneth LaBore with any questions you may have at 612-743-9048.
The resident’s right to participate in their care and treatment assures that the care being provided is helpful, comfortable and necessary and provided to the needs of the resident not the staff or others.