Elder law........what are the laws for administering medications in a nursing home with an alzheimers/dementia patient

Asked over 3 years ago - Bayville, NJ

a person in a nursing home who has alzheimers/dementia and at times says no to meds though has no clue really as to what is going on and cannot speak and or complete a sentence can refuse all meds and nothing can be done legally? they were giving meds in his ice cream which was working and then stopped and just never gave him his meds and said he always said no.............how can this be legal?

Attorney answers (1)

  1. Mary Tom

    Contributor Level 14

    Answered . If the resident at the nursing home is not declared an incapacitated person, they have the right to refuse medication. If the resident has a guardian, the guardian will make the decisition. New Jersey law concerning the Nursing Home Residents Bill of Rights can be found at NJSA 30:13-5

    Based on my experiences, a nursing home will not "force" a patient to take medication against their wishes.

    Good luck.

    MARY TOM, ESQ.
    HUNZIKER, JONES & SWEENEY, P.A.
    Wayne Plaza II
    155 Route 46 West
    Wayne, NJ 07470
    Phone No. (973) 256-0456
    Fax No. (973) 256-4784

    This message does not constitute legal advice and is for informational purposes only. This message does not... more

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