Legal Blog
The Weekly Scenario: Nursing Home Surveillance?
Question: Am I able to install a surveillance camera in my mother’s or father’s room at the nursing home?
Answer: Technology has been a blessing for families to stay connected. There is face time, Skype and a number of other technologies that connect people. Such technologies have even included the ability to install cameras in a family member’s nursing home room. The benefit of the so-called ‘granny cam’ is the ability to monitor a loved one’s care for families that may suspect neglect or abuse. Being able to observe care from a distant or remote location will often give families comfort and peace of mind. It can also be important evidence if any abuse is alleged, or merely to be able to observe caregivers in action.
But cameras have both legal and privacy implications. For one, Mom or dad may not want her life monitored, including both video and, potentially, audio feeds.
Are nursing facilities required to permit the installation of cameras? The answer is that it really depends on the facility. There are nursing homes that either outright ban or restrict the use of cameras in their admission contracts. At the present time, only a handful of states have passed laws permitting families to install a camera in a nursing home if the resident and the resident’s roommate have agreed.
Maryland is one of the states which allows the families of residents to place hidden video cameras in their loved ones’ rooms. Of course, in order to do so, the family member must obtain their loved one’s permission from the occupants.
Comment: It probably goes without saying, regardless of the ability to utilize camera technology, that there is no substitute for personal visitation!
As always, if you have any questions or would like to learn more, please contact Steve Shane at sshane@offitkurman.com or .
ABOUT STEVE SHANE
Steve Shane provides strategic counseling to clients in need of estate administration, charitable giving and business continuity planning while minimizing estate, gift, and generation-skipping transfer tax exposure. He offers legal guidance to clients on asset protection and the proper disposition of assets in accordance with the client’s objectives, while employing tax planning techniques such as the use of irrevocable trusts, life insurance planning, lifetime gifts and charitable trust. He is also experienced with drafting documents for business planning, the incorporation and application for exemption for Private Foundations and the administration of decedents’ estates.
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