Blog

Know Your Rights: The Legal Implications of Placing a Loved One in a Group Home in Arizona

posted on February 14, 2022

Placing someone in a group home or assisted living facility in Arizona can be an emotional time for family members. However, families must understand the legal rights of their loved ones. That’s because they have the power to pursue compensation through the courts if a residential facility breaks these requirements. When families know the laws that protect group home residents, they can start legal action if a loved one experiences neglect, abuse, exploitation, or bullying.

All group home residents in Arizona have rights and protections under the law. Most of these rights come from federal legislation and are similar to protections for nursing home residents.

Respect

Group home residents have the right to be treated with respect. That means a loved one can decide when to go to bed, wake up, eat meals, go to the bathroom, and participate in activities. If a facility forces a resident to do something they don’t want to do, that could be abuse.

Discrimination

A group home cannot discriminate against a resident because of race, color, age, sex, disability, religion, or country of origin. The Department of Health and Human Services can enforce this discrimination law.

Rights as a U.S. Citizen

A group home resident who is a U.S. citizen has the freedom to exercise rights such as voting in elections, applying for federal employment, and obtaining a U.S. passport.

Abuse

Group home staff cannot abuse residents under any circumstances. That means no verbal, sexual, mental, or physical abuse. If any of these things happen in a care home environment, family members can sue the facility for compensation. As per federal law, a group home must investigate all cases of suspected abuse within five working days and then report their findings to the police.

Discharged From a Group Home

A group home cannot discharge a resident from its facility unless:

Health

Group home staff must notify a doctor if a resident has been injured or involved in an accident. Otherwise, the facility could be liable for neglect. Employees must also alert a healthcare professional if a resident’s physical or mental health declines.

Privacy

An individual has various privacy rights when living in a group home. These rights include making and receiving private calls, sending and receiving private mail, and sharing a room with a spouse.

Medical Care

A group home resident must receive the care they need. That care might include medication, exercise, physiotherapy, etc.

Finances

A group home must allow a resident to access their bank account and financial records. These facilities cannot withhold funds from a resident or spend their money without permission.

Spending Time With Loved Ones

Group home residents can spend time with family and friends for as long as they like unless these interactions interfere with the care or privacy of other residents.

Activities

Residents in group homes don’t have to take part in activities with other residents. Staff can’t force someone to participate in something they don’t want to do as this could be considered abuse.

Exercising Group and Nursing Home Rights

Group home residents have the right to complain to their facility without fear of abuse. The group home must also tell residents about their rights and responsibilities when living in a facility in a language they understand. This typically happens when a person enters one of these environments for the first time or when families are researching nursing homes and group homes.

A Final Word

Family members should understand the rights and protections of a relative when researching group homes in Arizona. By knowing the law, families can identify the first signs of neglect or abuse before the problem gets worse. Consulting with a qualified nursing home abuse and neglect attorney can help families resolve a negative situation and protect their loved ones.

Contact Us Today!

Find Out If You Have a Case

Community
Legal

Copyright © 2022 Solomon & Relihan
Privacy Policy