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New Developments

Assisted Living Residents’ Rights to Control Calls and Visits Vindicated by DSS

The Department of Social Services has released a new Provider Information Notice reminding Residential Care Facilities for the Elderly (RCFEs) that all residents have control over their visits, calls, and outings unless a court has authorized the curtailment of their rights.  RCFE residents often have their access to visits, calls, and outings limited by family members or other third parties who lack the legal authority to do so.  While many of these surrogate decision makers are well-meaning, residents’ legal rights can only be taken away by a judge.