October Is Residents’ Rights Month: What Families Need to Know

Residents' Rights Month focuses on raising awareness about the dignity, respect, and choices that every person living in a long-term care facility deserves.

Every October, advocates across the country recognize Residents’ Rights Month, a time to raise awareness about the dignity, respect, and choices that every person living in a long-term care facility deserves. Whether your loved one lives in a nursing home, assisted living community, or memory care unit, understanding these rights is the first step toward ensuring quality of life and safety.

Far too often, residents and their families don’t realize that protections are already in place under federal and state law. Knowing these rights—and being willing to advocate for them—can make all the difference.

The Rights of Long-Term Care Residents

Here are the core residents’ rights and what each one means in practice:

1. The Right to Be Treated with Dignity and Respect: Every resident should be valued as a unique individual. Staff must provide care without discrimination, belittling, or neglect.

2. The Right to Privacy: This includes privacy in personal care, medical treatment, and communication. Residents should be able to close doors, make phone calls, and meet with visitors privately.

3. The Right to Participate in Care Decisions: Residents (and their families, when appropriate) have the right to be informed about medical conditions, treatment options, and changes in care—and to say “yes” or “no” to proposed treatments.

4. The Right to Voice Complaints Without Fear: Concerns about care, food, staff, or living conditions must be taken seriously. Retaliation against a resident for speaking up is illegal.

5. The Right to Freedom from Abuse and Neglect: No resident should experience physical, emotional, or financial abuse—or suffer from neglect. Facilities are required to protect residents from harm.

6. The Right to Manage Finances: Residents may handle their own money or authorize someone they trust to do so. Facilities cannot take control without proper legal authority.

7. The Right to Visits and Social Engagement: Friends, family, and advocates must be allowed to visit within reasonable guidelines. Social connection is vital for mental and emotional well-being.

8. The Right to a Safe and Comfortable Environment: Residents deserve clean, homelike surroundings, adequate food and water, and protection from hazards.

9. The Right to Be Involved in Community Life: Residents should have opportunities to participate in activities, exercise religious freedom, and maintain their individuality.
   

Why Legal Advocacy Matters

While these rights are guaranteed by law, the reality is that violations do occur. Staffing shortages, underfunded facilities, or lack of oversight can lead to residents being ignored, mistreated, or left without proper care.

That’s where an elder care law firm like Kimbrough Law can help. We:

• Educate families about their loved one’s rights.

• Step in when a facility is not meeting legal or ethical obligations.

• Assist in filing complaints and working with state agencies.

• Provide legal tools such as powers of attorney and care planning documents to strengthen advocacy.

Our role is to ensure that residents are not just cared for, but cared for with the dignity and respect they are entitled to.

Protecting Your Loved One’s Rights

Residents’ Rights Month is a reminder that your loved one’s voice matters. If you notice conditions that seem unsafe, disrespectful, or in violation of these rights, don’t wait. Take action.

At Kimbrough Law, we stand with families to ensure that the rights of long-term care residents are honored and protected. One of the best ways to get started is to use this free Residents' Rights Checklist to evaluate whether your loved one's rights are being honored. If you still have questions, we are here for you. If your loved one lives in a nursing home or other care facility, we can help you advocate for their rights and secure the care they deserve. Call 706.850.6910 to schedule a consultation.