The Rights of the Elderly: Laws That Define How Old People Are Taken Care Of

The U.S. is a country with an aging population. More and more Americans are entering the aging population, and healthcare has only recently caught up with it today. Therefore, it is in our best interest to take care of the aging in our country. They have given up most of their lives taking care of us and our country. Some might have even laid down their lives to protect our very freedom. This is why we must know of the laws governing elderly care.

Today, there are about 60 million Americans who are aged above 60. That’s about 18% of the overall population. Some of these people are under hospice care, while some are living with other family members. There is also a tiny fraction who are living alone. Regardless of their current lifestyle, they must get the best care possible. So we can start with a law that obliges family members or caretakers to prevent the elderly from falling.

Laws About Preventing Falls

Falls are a serious concern for those aged 60 and above. This can lead to severe pain and, in some situations, permanent mobility issues from elders that have experienced it. This is why many states in the U.S. have made it into law that property owners are liable for elders who have been injured by a fall in their property.

This law is property of many regulations part of the legal duty of property owners to prevent injuries. People leasing homes and apartments to the elderly should ensure that their property has the necessary equipment to prevent falls. Furthermore, family members who are taking care of the elderly should have the right equipment as well. Hospices providing elderly care are also inspected every three months or so for the same reason.

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We don’t want to cause serious harm to the elderly, and we want their residence to be as secure as possible. This is why it’s vital to have grab rails and handrails in your home when caring for the elderly.

Elderly with Dementia

Dementia is another serious concern for people part of the aging population. Mental health diseases such as Alzheimer’s and Parkinson’s are relatively common in the US, and these diseases can cause impairment in motor function and decision-making skills. Depending on the given severity of the situation, the children and grandchildren of the elderly diagnosed with such a disease are in charge of making the decisions for the elderly.

Most states recognize the decision of an elderly who’s currently in the first stages of such diseases, given that the disease hasn’t hindered their decision-making as of yet. Tests may vary in determining this, and different states use different tests. However, once it’s clear to the court that the elderly cannot make the right decision due to the disease, the court will accept the decisions made by the aging adult.

The court has the right to investigate if there are reports of elderly abuse or if the children are taking advantage of dementia for their personal gains.

Long-term Care

Long-term care (LTC) is a program mandated by law to cover the aging population’s needs who live in a hospice. This care is included but is not limited to walking, eating, grooming, bathing, personal care, and so forth. Hospices that do not give the LTC required by the state are subjected to court.

LTC is important to monitor privatized elderly care. Many out there think that they can get away with giving the bare minimum of their services. Most hospice care, especially those under insurance, must give more than just the mandated LTC to the insured. Furthermore, some states include versions of specialized LTC, including monthly medical checkups, field trips, and more.

Luxurious LTC can be seen in more high-end hospices. Although the additional LTC provided by such hospices isn’t necessarily required, it should be something that every organization should aspire to have in their hospice.

Have an Attorney Ready

Laws that center on the well-being of the elderly are important, especially in an aging country like the US. However, if any of these laws are broken or your elderly have suffered immense pain from improper care, it’s good to have an elder care attorney ready. An attorney will ensure that the elderly under their care can be compensated properly. It will also ensure that it will never happen again to anyone else.

Caring for the elderly should be taken seriously. This is why the government has taken the chance to regulate the care each elderly gets from all sorts of organizations. Without these laws, the aging population would only receive the bare minimum. They don’t deserve this, so make sure to keep these laws in mind when caring for your elderly.

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