Oftentimes as individuals get older, they require more medical care and assistance going about their daily activities. Unfortunately families are not always able to provide their parents or grandparents with the care that they require. Nursing homes are a useful resource for elders and their families to ensure that individuals can be properly cared for. However, it is important to understand your rights as a nursing home resident in order to protect yourself and legitimately receive the care that you deserve. For more information about your rights as a nursing home resident, continue reading.

Your Rights as a Nursing Home Resident

In the event that your circumstances require you to live in a nursing home, it may seem as if your life is constantly being controlled by others. Despite this, you have not given up your rights by moving into a nursing home facility. There are laws in place for the protection of older populations and individuals that are living in nursing homes. These laws are designed to protect people from neglect, elder abuse, and otherwise being taken advantage of. Below we discuss just a few of the important rights that individuals have as residents of nursing homes.

The Right to be Informed 

The right to be informed essentially means that the facility that you are going to be staying at has the legal duty to inform you of your rights. They should provide you both with oral and written statements outlining your rights. You also have the right to be informed of the services that are available to you at the nursing home and the prices of these services. 

You are also to be informed of things such as the rules of the facility, inspection reports, the names and addresses of the facility’s owners, and a summary of the state laws about advance directives. You have the legal right to know about the state of your health as well as when someone is planning to make a change to your treatment plan. Lastly, the nursing home must notify you in advance if you are going to need to move rooms or change roommates. 

The Right to Privacy

One of your rights as a nursing home resident is that you are entitled to privacy. You have the right to meet with visitors including family, doctors, lawyers, etc., in private. You also have the right to remove permission for someone to visit your room. Your mail and phone calls cannot be monitored by facility staff and you have the right to dress, bathe, and use the toilet in private, if it is physically feasible.

The Right to Confidentiality

The nursing home that you are living at has a legal responsibility to protect your confidentiality as a resident. This includes medical, personal, financial, and social information. The facility cannot share any of this information with other organizations, individuals or agencies without your permission. Lastly, you have the right to access your records and have copies made of your records at a reasonable cost.

The Right to Dignity

As a person that has acted and lived as an adult for many years, you are entitled to be treated with dignity. No matter an individual’s personal situation or attitude, they always have the right to be treated fairly and with respect. This includes the right to refuse treatment, the right to refuse to perform work for the facility, the right to be free of mental and physical abuse, chemical and physical restraints, and a variety of other rights. Medical and facility staff should always be courteous and professional.

Personal Property Rights

You are legally permitted to bring personal belongings to the nursing home, as space permits. Nursing homes are required to inform residents in writing of the manner in which residents’ personal funds will be protected. If your property is damaged or stolen while living in a nursing home, the facility may be required to replace the property. It is important to be familiar with the written admissions agreement with the facility for more information as to who is responsible for the safeguarding of personal property.

Do You Need Legal Assistance?

If you are concerned about the safety or well being of a family member that is staying in a nursing home, you may be in need of legal assistance. Your or your family member’s rights as a nursing home resident are extremely important. If you have noticed something suspicious or inappropriate happening, or if your family member has mentioned that they are not being properly cared for, it may be helpful to involve an estate planning or elder law attorney. We at Stevenson Smith Hood Knudson P.C. are experienced in these matters. We are eager to help you protect yourself or your family members. For more information, feel free to reach out to us today.

When making decisions regarding your property after you are gone, there are many options to consider. One of those considerations is whether to hold property in joint tenancy with a spouse or other individual, such as a child or a friend. Joint tenancy is where two or more people own property or accounts together and when one of the joint tenants passes away, the property goes directly to the remaining tenants. Joint tenancy is a common way that people try to avoid probate or other traditional estate planning. However, joint tenancy is not a silver bullet. In fact, under some circumstances it causes negative results. 

Reasons People May Choose Joint Tenancy

The biggest reason why people choose joint tenancy over other estate options is because they are hoping that they can avoid probate for little or no cost. Probate is a court process that decides how the property of a person that has recently died will be distributed. Probate court can be expensive and takes time. Another reason why some people choose joint tenancy is because all parties involved with the property share in the positive things that ensue. One being that if one person dies, then the other party or parties immediately have ownership of that property. Some people like joint tenancy because it takes away the hassle of thinking about who to give certain assets. Under some circumstances, joint tenancy is a good solution that can be accomplished relatively easily.

Why Joint Tenancy Can Be Problematic

Joint tenancy has certain attractions and advantages, but there are several reasons why it can be problematic and is not suitable in every scenario.

Probate Can Only Be Avoided For So Long

One of the biggest issues with joint tenancy is that while it avoids probate for when the first tenant passes away, upon the death of the last tenant the property will have to be probated. This causes major complications for the family and other potential heirs of the joint tenants because at this point, it means they have to pay much more for probate and figure out how to distribute the estate.

The First Person To Die Has No Say In Their Estate Distribution 

Another issue with joint tenancy is that the first person to die does not have a say in what happens with their property after their death. Because the property goes directly to the joint tenant, the joint tenant has full control over the property. This means that sometimes potential heirs could be completely left out of the estate at a surviving joint tenant’s sole discretion. 

For example, a man, who has joint tenancy with his wife, passes away. His wife inherits his possessions. Eventually she remarries and when she dies her inheritance goes to her new husband. In this scenario, say that the original man had a nephew who he loved like a son. The nephew would be completely left out of the estate. Without a joint estate, the man could have left some of his inheritance to his nephew.

Joint Tenancy Causes Tax Issues

After the first joint tenant passes away, there is not usually a taxable event. However, after the death of the last joint tenant, estate taxes can reduce the holdings that the couple thought that they were leaving behind. This is because the entirety of the property is in the survivor’s estate meaning that if the whole of the estate is more than $ 11.7 million then there will be federal estate taxes. And the amount is always changing–on January 1, 2022, that exemption will be cut in half so estates worth more than $5.85 million are subject to federal estate tax.

Joint Tenancy Could Create Gift Taxes

If joint tenants are not spouses, there are issues that could be created when one joint tenant passes away. When an aging relative or a parent makes a younger relative a joint tenant on their property or cash accounts, the IRS often sees these transactions as gifts, not estate planning strategies. There will be gift taxes that would be much higher than the cost of what it would have been paid for probate, often at the expense of the donor and sometimes at the expense of the person receiving the alleged gift.

Joint Tenancy Creates Exposure To Risks

One of the positives of joint tenancy was that each party enjoys the benefits of the property together. The negative side of this benefit is that you do not have full autonomy of your property. This means that you will not be able to sell or dispose of your property without your joint tenant’s consent. It also means that the share of the property that you do not control could be lost based on your joint tenant’s decisions. The property could be lost due to your joint tenants’ bad debts or bankruptcy, divorce, or lawsuits filed against your joint tenant.

Have Questions Regarding Joint Tenancy?

If you have questions regarding joint tenancy or want to find out more about other estate planning strategies, we have many resources available to you here at Stevenson Smith Hood Knudson P.C. We can  educate on the many options available, and will help you find the best plan for your estate and circumstances. Contact us today!