What are assisted living residents' rights?

Every assisted living resident has rights. Those protections matter when you’re choosing a senior housing community. If you or someone you care about lives in an assisted living community, you can expect certain rights within that community.

That matters because you deserve to know that someone you care about is being treated properly wherever they choose to live as they age. Understanding the laws that protect assisted living residents can help. Most types of senior living communities fall under the category of assisted living, where residents need a little help with daily living.

National standards apply to senior living communities, and most states have guidelines as well.

Basic laws that protect assisted living residents

• A resident cannot be discriminated against based on race, color, religion, national origin, gender, familial status, disability, marital status, sexual orientation, or gender identity. These are known as “protected classes.” Discrimination can include segregating residents or treating them differently because they belong to a protected class.

• Staff must base their behavior toward applicants and residents on facts, not assumptions.

• Communities that require applicants or residents to be “capable of independent living” as a condition of residency may violate fair housing law. Such requirements discriminate against people with disabilities.

• Providers must consider any reasonable request for accommodation from a resident with a disability. A therapy assistance animal is one example of an accommodation.

• It is illegal for any staff member to harass, intimidate, threaten, abuse, or neglect a resident.

• If another resident harasses someone, the provider has a legal obligation to investigate and resolve the problem.

Other assisted living resident rights you can expect include:

• The right to privacy and confidentiality.

• The right to receive visitors.

• The right to leave and return home.

• The right to complain or present grievances.

• The right to choose health care providers.

• The right to receive adequate and appropriate help with activities of daily living.

• The right to be fully informed about a medical condition and participate in any proposed treatment plan.

• The right to manage financial affairs.

• The right to send and receive mail.

• The right to receive proper notice of rate increases or requests to move out of the community.

You can also look up reported assisted living community violations in your state.

Ask questions when considering a community

Before moving into an assisted living community, ask for and review a copy of its resident rights and responsibilities. Many senior living communities also have resident or family councils. These councils give residents and families a place to voice concerns and help improve care and daily life within the community.

Ask any community you’re considering whether it has a council. If you or someone you care about lives in a community without one, consider starting one. A council can be a helpful place to establish rules, practices, and shared values.

What to do if you’re concerned about a rights violation

If you’re concerned that your rights or those of someone you care about are being violated, start with open communication. You can meet with a long-term care ombudsman to discuss any issues or concerns you have.

Ask to meet with the community’s administrators or leadership team, and clearly document your concerns in writing. You should also communicate with the resident or family council so everyone is informed.

Remember, when you move to an assisted living community — it’s your home. It should be a place where you feel comfortable, valued, and respected. If you ever have issues always reach out for help.