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Rights of Elderly People

Abstract: Elderly persons cannot lawfully be restrained.

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Rights of Elderly People

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Question(s): 
Written by: Gunborg Palme
First version: 22 Jul 2008.
Latest revision: 19 Aug 2008.

Should elderly who are still in good health be allowed to leave the nursing home to visit with family and get out for a while? My dad has Parkinson's and still has good days. We've been told that he should leave the building no more than twice a week. We've been told that he needs to get used to living there and to the schedule they have. We thought it would be good for him to get out and do things with us. My oldest sister has power of attorney and has decided that we should not be taking him out and that he needs to get used to his new life there. She has given them papers to keep us from taking him. My dad is devastated over this. I am trying to find some information to help us know what to do. Is it good or not?

Answer:

Of course your father should be allowed to do what he wants. He is a grown-up, mature man. Not letting him out sounds like abuse of power.

The simplest solution might be if your father, the staff, and you and your siblings meet and try to find a solution which everyone can accept, and in particular one in which your father is happy. It might be a wise idea to consult a lawyer before this meeting, to discuss the legal rules regarding these kinds of issues in your country.

Good luck in your efforts to give your father the life he wants.

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