iam a t12/l1 partaplegic with neaurogenic boweland bladder, i ordered my own mobility scooter which is sheduled to be delivered tommorrow the nursiung home refused to let me have it and said that it was a danger to residents, but there are two other people with mobilty power wheelchairs the one who is black was told he had to send his home, the white one was told he could keep his, so far the black resident still has his. also i am being denied the right to leave the facility with my family or by myself, this was done because io went out for the fourth of july and had a few drinks, no one said i cant drink, i have business i need to take care of, father died, prose suit in federel court, and setting up my apartment.
Unclear whether your scooter is different than the ones the others have?
As a resident at the nursing home you are subject to their rules and regulations. What you mentioned does not appear to rise to the level of abuse. Confirm with local counsel.
Talk to a local elder law lawyer and ask them to review the nursing home rules. Be well.
I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
I am familiar with nursing home, assisted living and personal care home regulations. I teach part of a course for individuals seeking to become a licensed administrator, and I once served on the board and as counsel for a non profit nursing and personal care home.
First, you do not make it clear whether you are in a nursing home receiving skilled care, or a lower level facility such as assisted living or a personal care home. That is important because each facility is governed by a different set of regulations. Based on your level of mobility I would think you might be in a lower level of care than a nursing home.
Nevertheless, you probably can leave the facility. You can probably also consume alcohol. I would have to examine your contract and your care plan. But matter what your contract and care plan state, you do have legal rights that cannot be restricted in any way.
If I were you I would call the state ombudsman. That is a state employee charged with protecting the rights of long term care residents. That office will direct you to a local office and send out a representative. Their number is Tel: (717)783-7247. They really are there to help you and they have the right to examine all of your records and interview people.
Of course, this answer does not create an attorney client relationship and you should seek the assistance of a competent attorney to help you with this matter. The information presented is for general educational purposes only and there may be facts not disclosed which would call for a different answer.
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