Published on All About Estates
By Melissa Miller, December 18TH, 2024
Ask anyone whether admission to a nursing home is part of their retirement plan and they will likely say, “I’ll never go to one of those places”, or something worse.
As we all know, the best laid intentions do not always go as planned. Many of us will have family with complex health issues as they age or will find ourselves in that boat. Sometimes, believe it or not, a nursing home is the most appropriate place to be. But what is a “nursing home”? It is a colloquial term that many people use to describe various types of congregate living for seniors, or those with disabilities, and can include assisted living facilities, retirement homes or long-term care homes.
Long-term care homes are governed by the Fixing Long-Term Care Act, where retirement homes are governed by the Residential Tenancies Act, 2006 and Retirement Home Act, 2010. Residents of a retirement home are tenants to the landlord and adhere to a rental agreement, which means residents have the same rights as any other tenant to a landlord. Both types of homes are governed by a “Bill of Rights” in their respective legislation that covers everything from protecting independence and relationships, to protection from abuse (which could be physical, emotional, sexual, verbal and/or financial) and negligence.
Ultimately, there is no easy solution when someone we love requires nursing home care but there is power in knowledge and we know that an ounce of prevention is worth a pound of cure!
If you suspect neglect or abuse, you can take steps to protect the resident… Many fear filing a complaint with the regulating body of a home (Ministry of Long-Term Care for long-term care homes and the Retirement Home Regulatory Authority for retirement homes), but in reality, lodging a complaint typically enhances the care of the resident. Further, if the complaint results in an inspection, it is public record. Homes take these complaints seriously and often take corrective measures following a complaint.
Melissa Miller, Partner at Howie, Sacks & Henry LLP
