The decision to place a loved one in a nursing home can be heart wrenching for the entire family. While we want our parents or grandparents to be able to live independently at home where they are comfortable, many times medical issues eventually force our hands and we seek additional help.

In a perfect scenario, a nursing home can be a saving grace. With on-site medical staff, professional caregivers, and round-the-clock care, the right facility can offer your loved one the support and attention that they need while offering your entire family peace of mind.

The Issue of Consent in Nursing Home Patients

An issue that many families must cope with is memory loss and a decline in mental capacity as loved ones age. Sometimes the decline is slight, and simply associated with age, and other times it is more pronounced as a result of disease. Regardless of how it happens, we place a lot of trust in nursing home staff to help our aging loved ones through daily life and decisions without overstepping their bounds if mental capacity has been compromised.

Mental capacity is tied closely with consent, and in nursing home patients this can be very complicated. An elderly person’s mental capacity can change with medications, stress levels, and moods, and it can be challenging to determine if their mental capacity is intact when issues of consent arise.

Consent is only legal when the person giving their consent has the mental capacity to do so. Especially with issues of gifts and money, elderly patients in nursing homes can easily be taken advantage of by staff members. Though the patient may have seemed conscious and alert when signing checks or giving valuable gifts, staff members should be aware of the individual’s mental capacity and possible deficiencies.

Keeping Your Loved Ones’ Best Interests at Heart

If you have noticed missing jewelry, memorabilia, or sudden, large withdrawals from your loved one’s accounts, it is easy to blame theft. The issue could be a more complicated matter of consent and mental capacity. If you suspect that a nursing home staff member could be taking advantage of your loved one’s failing mental capacity and influencing their consent, speak with our firm today. Click on the live chat link and be connected with us now.


Damian Mallard, Esq.
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Board Certified Sarasota Personal Injury Attorney