Southern California Nursing Home Abuse Lawyer Blog
Is there any right more fundamental than the freedom to leave a place where you do not wish to stay? For nursing home residents in California, this right is often disregarded—sometimes in direct violation of the law. Fortunately, the California Advocates for Nursing Home Reform (CANHR) has recently updated its guide for long-term care residents who are being held against their will. This guide outlines the legal protections available and provides practical steps to challenge illegal restrictions on a resident’s right to leave.
The Right to Move Freely
Imagine you live independently in an apartment, making your own choices and living life on your own terms. One day, your landlord locks you inside, installs alarms on your doors and windows, and tells you that you’re not allowed to leave. He insists that, for your own safety, you must remain inside indefinitely. When you call the police for help, they tell you that your situation is a “civil matter” and that you need a court order to be able to leave.
You are now a prisoner in your own home.
Sounds unbelievable? Unfortunately, this exact scenario plays out in nursing homes across California every day. Many residents—especially those with cognitive impairments—find themselves unlawfully confined within long-term care facilities, unable to leave even when they express a clear desire to do so. Facility administrators often justify these restrictions by citing safety concerns or medical opinions, but under California law, nursing home residents have the right to make their own decisions unless a court determines otherwise.
When Nursing Homes Violate Residents’ Rights
Long-term care facilities that prevent residents from leaving without due process are engaging in false imprisonment—an unlawful act. Under both state and federal law, residents retain their rights unless a legal conservatorship or other court order explicitly removes them. Even individuals with cognitive impairments do not automatically lose the right to leave just because a facility deems it unsafe.
CANHR’s updated guide explains:
- The legal framework protecting residents’ rights to come and go
- How facilities violate these rights and commit false imprisonment
- Steps residents and their families can take to challenge unlawful confinement
What You Can Do
If you or a loved one is being illegally detained in a nursing home, there are actions you can take:
- Know Your Rights – Read CANHR’s guide to understand the specific laws protecting nursing home residents.
- Demand Compliance – Facilities cannot simply decide that a resident is not allowed to leave. Ask them to provide legal justification for any restrictions.
- Seek Legal Help – If a facility refuses to allow a resident to leave without a court order, consider speaking with an elder law attorney or contacting advocacy groups like CANHR.
- File a Complaint – Report the facility to the California Department of Public Health (CDPH) and the Long-Term Care Ombudsman Program.
Holding Nursing Homes Accountable
No one should be held against their will without due process—yet this practice remains common in California nursing homes. If you or a loved one is facing this situation, you are not alone, and there are legal protections in place. CANHR’s updated guide is a crucial resource for those navigating this issue, empowering residents and families to stand up for their rights.
For more information, visit CANHR’s website and download their updated guide.
