Nursing Home Residents Must Receive Information for Nursing Homes on How to Apply for Medicare Medicaid Benefits
Nursing Home Resident and Legal Representative Advocate
Nursing Home Resident and Legal Representative Advocate

In a Home or Skilled Nursing Facility, the Rights of the Resident are Exercised by?

The rights of resident are exercised by the person who has legal authority over the nursing home resident, such as their Power of Attorney (POA), Health Care Directive, or Guardian/Conservator.  Although anyone can speak up when they see a violation of a resident’s rights and contact the management of the nursing home, the police, or the Minnesota Department of Health depending on the circumstances.

§483.10   Resident rights.

The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident, including each of the following rights:

(a) Exercise of rights.

(3) In the case of a resident adjudged incompetent under the laws of a State by a court of competent jurisdiction, the rights of the resident are exercised by the person appointed under State law to act on the resident’s behalf.


For more information about nursing home abuse and neglect and elder rights contact attorney Kenneth LaBore at 612-743-9048 or toll free at 1-888-452-6589. Mr. LaBore can also be reached by email at:

Rights of Resident are Exercised by the Person
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