Can a Nursing Home Prevent a Patient from Leaving?

In the United States, nursing homes and similar facilities provide essential care for our elderly and disabled loved ones, but the question often arises as to whether they can prevent a resident from leaving if they so choose.

The answer typically depends on a number of contributing factors, like the resident’s mental abilities, legal status, personal safety concerns, or a combination of these.

While nursing homes can’t unlawfully detain residents, they have responsibilities to ensure their well-being.

Resident Rights

Residents in nursing homes and other eldercare facilities still have fundamental rights, including the right to leave the premises if they have the capacity to make that decision. State laws generally recognize that all adults have autonomy over their own lives, meaning they choose to leave a facility unless legal or safety restrictions apply.

Of course, nursing homes also have a duty to protect vulnerable individuals, which can create conflicts between personal freedom and safety concerns.

If a resident has full mental capacity, they can check themselves out of a nursing home at any time.

Some may leave temporarily for visits with family or medical appointments, while others may decide to discharge themselves permanently. In these cases, the nursing home cannot stop them from leaving, although they may require a discharge process to ensure continuity of care.

When Can a Nursing Home Restrict a Resident from Leaving?

In some situations, a nursing home may have legal grounds and professional responsibility to keep a resident from leaving based on specific risk factors.

A common scenario involves residents who suffer from dementia or similar impairments that affect their ability to reason and make safe choices. If they’re deemed unable to care for themselves and are at risk of putting themselves in harm’s way, the facility may intervene to keep them from wandering or leaving unsafely.

Guardianship or power of attorney arrangements can also impact a resident’s ability to leave.

If a family member or legal guardian has authority over medical or living decisions, they may restrict a resident from leaving the facility. Also, some residents are placed in nursing homes under court orders, particularly if they pose a risk to themselves or others.

Safety and Liability Considerations

Nursing homes must balance resident rights with their responsibility to provide a safe environment.

Staff members may intervene to prevent accidents or injuries if a resident with cognitive impairments attempts to leave. Many facilities have security measures in place, such as keypad entry systems or alarmed doors, to prevent residents from leaving without authorization. These measures aren’t in place to imprison them but to ensure their safety.

If a facility unlawfully restricts a mentally competent resident from leaving, they may have the option of taking legal action. Nursing homes must follow regulations that protect residents’ rights, and wrongful confinement could be considered a violation of those rights.

Families and loved ones who are concerned about these kinds of restrictions, especially before moving into a new facility, should communicate with management to better understand the reasoning and explore any potential solutions.

At My Nursing Home Abuse Guide, we understand that while nursing homes have a duty to protect residents, they must also respect their rights, dignity, and personal choices. By seeking open communication, proper documentation, and a clear understanding of rights, families and nursing home staff can better navigate these complex situations.

If concerns arise, seeking legal guidance may be necessary to ensure a resident’s rights are upheld while prioritizing their safety.