Police were called to check on the welfare of a former nursing home patient after staff members reported they had been unable to reach her following her departure against medical advice.
According to the facility, the woman—described as an invalid who required significant care—had left on her own, insisting she had people to look after her. However, she later attempted to return to the facility, only to find no one available to assist her at that time. Since then, staff members had tried multiple times to contact her without success, prompting them to ask for a police welfare check.
When officers arrived at the woman’s home, they received no response at the door. Finding the door unlocked, they entered to check for signs of distress, but the home was empty.
Can Nursing Homes Force Patients to Stay?
Despite their concerns, nursing homes cannot legally force a patient to remain in their care. Residents have the right to leave, even against medical advice (AMA), unless they are declared legally incompetent by a court or placed under a guardianship order. However, nursing homes are responsible for ensuring that patients are fully informed of the risks before they leave.
In situations like this, where a resident requires extensive care, the facility may notify authorities out of concern for their safety, but they cannot physically restrain or detain someone unless they pose an immediate danger to themselves or others.
What to Consider Before Leaving a Nursing Facility
For those considering leaving a nursing home or rehab facility, it’s important to plan ahead to ensure a safe transition. Here are a few critical factors to consider:
Medical Needs – Do you have the necessary medical support at home, including mobility assistance, medication management, and personal care?
Support System – Are there family members, friends, or caregivers available to provide assistance? Relying on occasional help may not be enough for someone with significant medical needs.
Living Environment – Is your home accessible? Many nursing home patients require ramps, hospital beds, and specialized bathroom equipment to live safely outside a facility.
Follow-Up Care – Do you have a doctor or home health provider lined up to oversee your care? Lack of medical supervision can lead to serious health complications.
A Call for Compassion and Caution
While nursing homes cannot force residents to stay, this case highlights the difficult balance between respecting patient autonomy and ensuring their safety. Hopefully, the missing woman is in the care of those who can properly assist her.
If you or a loved one are considering leaving a facility, make sure you have a plan in place to avoid ending up in a dangerous or unsustainable situation.