Not Forcing Care Is Not considered Neglect

A court ruled that by not forcing an elderly woman to enter a nursing home is not considered neglect. A guardian of an elderly woman chose not to go against the woman’s wishes and force the woman into a nursing home even though she may need a higher level of care.

The court believed that even if the woman were to get better care at another facility, she should not be forced to relocate to one and be held in a place against her will. The guardian’s attorney stated that the guardian has done a great job with caring for the woman in being sensitive to her wishes.

Although the woman’s health remains inconsistent and her behavior combative and it is a challenge to caregivers, the guardian still thinks she made the right choice. The Department of Social and Health Services says that this case is a primary example of challenges people encounter when caring for the elderly. For more, read the story.


Robert W. Carter, Jr. is a Virginia attorney whose law practice is dedicated to protecting the rights of the victims of nursing home and assisted living neglect and abuse in Richmond, Roanoke, Norfolk, Lynchburg, Danville, Charlottesville, and across Virginia.

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