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

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 can this be legal?

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Attorney answers 1


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.

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