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Legal Rights of Residents in Geriatric Institutions

31 December 2023

Every individual in a geriatric institution is entitled to specific rights according to the law, including medical care, the right to privacy, the right to social interaction communication with the environment, the right to safe and clean surroundings, recreation activities, etc. Become acquainted with these rights which encompass various areas:

Living conditions: Residents in nursing homes typically share living spaces with one or more fellow residents. Certain rooms in the facility are equipped with an en-suite shower and toilet, while in other rooms, the bathroom is located nearby.

Exiting the facility: Prior to exiting the facility, it is necessary to obtain medical approval and provide an explanation based on your medical condition. If your departure poses a risk to your well-being, the staff of the institution will provide a justification for not granting permission to leave.

Obtaining medical treatment: The facility provides medical treatment where it is required. You have the right to informed consent for medical treatment, to object to medical treatment, or to obtain counselling regarding medical treatment.

The right to human dignity and the right to privacy: The institution is not your private home; however, you have the right to privacy in any possible domain.

The right to live in a secure and clean environment: The institution will provide appropriate living conditions that will guard your security and your eligibility for maintaining your hygiene.

Keeping personal belongings: You have the right to bring personal belongings to the facility, including books, newspapers, photos, etc. If you intend to bring larger objects that occupy significant space or require electrical connections, you will have to coordinate with the staff of the facility for proper arrangements.

Confidentiality of medical and social information in accordance with the Patients’ Rights Act: While residing in a medical facility, all your legal rights are preserved, including your right to confidentiality of information.

The right to communicate with the environment: Maintaining communication with those around you, including your loved ones, is vital for both your cognitive and social functioning.

Engaging in recreational activities during leisure time: When you move to a geriatric institution, you have the right to continue and practice the activities you like and maintain your values in any field. The institution will establish an adjusted program according to your abilities and preferences.

In the adverse event that any of these rights are violated, you have the right to report any infringements on your dignity or privacy. Furthermore, if you experience any physical, verbal, mental, or financial harm, it is crucial to report these incidents to a professional member of the nursing institution's staff.

What services are you entitled to receive

The transition to a nursing home can be difficult both for you and for your family members.

Receiving initial information about your rights and the services available to you in geriatric institutions can facilitate a smoother transition and adaptation process to the facility.

Read here about choosing a geriatric institution

As part of the orientation week at a geriatric institution, there will be an intake discussion in which your accompanying family members will participate. The discussion will take place with the participation of the institution’s manager, the doctor, a nurse, a social worker, a physiotherapist, an occupational therapist, and a nutritionist.

The purpose of the discussion is to establish a personal and familial acquaintance, understand your needs and interests, introduce the activities offered by the facility, tailor a personalized program, and align expectations between you and the institution. During the discussion, you will have the opportunity to meet the healthcare staff who will introduce the healthcare plan and assist in aligning your expectations with the services provided.

Furthermore, they will outline the services available within the institution and provide guidance on how to access and utilize these services for your assistance.

This is the moment to address any questions or concerns you may have and communicate them to the professional staff.

Residents in nursing homes typically share living spaces with one or more fellow residents. Certain rooms in the facility are equipped with an en-suite shower and toilet, while in other rooms, the bathroom is conveniently located nearby. It is advisable to verify their location in advance to ensure you are well-informed about what is expected.

If you wish to exit the premises, you will be required to update the staff prior to exiting the institution for any purpose, including a short vacation.

Exiting the institution will be allowed in accordance with your medical condition and only after obtaining medical approval and an explanation.

It is essential to emphasize that if leaving the institution could potentially endanger your well-being, the staff of the institution will provide an explanation for not granting permission.

You will receive medical treatment in the institution according to your requirements. It is essential that you be aware of your rights:

  • Informed consent for medical treatment: The staff of the institution has a responsibility to obtain your consent or the consent of your designated person with power of attorney or legal guardian before administering any medical treatment. They are also obligated to provide an explanation of the treatment to you prior to its implementation.
  • Objection to treatment: You have a right to object to treatment in accordance with the Patients’ Rights Act (Hebrew). However, the objection to treatment may bear implications on your medical condition and it is important to understand this prior to deciding to object
  • Additional counselling regarding treatment: you have the right to consult with any person regarding treatment, and obtain an opinion from healthcare professionals outside the nursing facility, in coordination with the facility’s staff
  • If you wish to obtain treatment from a doctor outside the nursing facility, it is important to update the house doctor regarding the treatment, and at the end of each session of treatment to provide the treatment summary in an orderly manner. Cooperation between all parties is in your favor.

In certain instances, there may be a desire to transition from one institution to another. To do so, you have to obtain several documents:

  • An agreement letter signed by you or and agreement letter signed by the appointed person with the power of attorney or your legal guardian
  • An agreement letter from the institution you wish to transition to
  • If the admission has been enabled in accordance with the nursing code of the Ministry of Health, it will also be necessary to obtain confirmation from the staff of the chronic patient's ward in the health bureau
  • Details of the transfer request

As long as your judgment and comprehension abilities are intact, you have the right to designate another individual as a power of attorney to handle your financial matters. This person will make decisions on your behalf if you become unable to manage your financial affairs.

It is essential to make advance preparations for a situation where you may become unable to manage your financial affairs by appointing a financial power of attorney.

It is advisable to consult with the social worker in the institution regarding this issue.

The institution is not your private home; however, you have the right to privacy in any possible domain.

  • You have the right to be treated with respect and courtesy by the staff
  • The staff will ensure your privacy is maintained during any treatment. If necessary, they will take appropriate measures such as closing screens, curtains, or bathroom doors, especially if you find it challenging to do so yourself
  • You have the right to make an appointment with any member of the staff in the institution, preferably through the social worker
  • You have the right to determine the medical treatment plan in any medical, social, or other relevant field. It is vital that you actively participate and be involved in this decision-making process.

In the adverse event that any of these rights are violated, you have the right to report any infringements on your dignity or privacy. Furthermore, if you experience any physical, verbal, mental, or financial harm, by the institution’s staff or outside it, it is crucial to report these incidents to a professional member of the nursing institution’s staff.

The institution will ensure suitable living conditions that prioritize the safety of both the residents and you. Additionally, they will provide proper nutritional provisions and maintain a hygienic environment to uphold your personal hygiene. You have the right to ensure that the geriatric institution you have moved into provides the following conditions:

  • Proper safety measures
  • Emergency lighting, fire, and smoke detectors
  • Clearly marked emergency exits
  • Obstacle-free stairways
  • Well maintained, clean and pleasant living environment
  • Regular garbage disposal
  • A service of regular and personal laundry
  • Maintaining quietness, order, cleanliness, and security
  • Keeping quietness during rest hours
  • Receiving food and beverages that are visually appealing and tailored to meet your personal and medical requirements

  • You have the right to bring personal belongings to the institution, such as books, newspapers, photos, etc. You had better bring some items that will contribute to creating a pleasant living environment in your room
  • If you intend to bring larger objects that occupy significant space or require electrical connections, kindly coordinate with the staff of the facility for proper arrangements
  • It is important to make sure that your personal items do not compromise safety or disturb other residents
  • It is advisable to consult with the management representatives regarding the storage of valuables and money within your room.

While residing in a medical facility, all your legal rights are preserved, including your right to confidentiality of information:

  • All conversations with the staff of the institution and your medical and social records are bound by the legal obligation of confidentiality.
    Reviewing the medical records is allowed only to those in charge of the treatment or authorized by law
  • You have the right to access and review your medical and social records, or grant permission for another individual to do so. However, this access is contingent upon signing a confidentiality agreement, granting power of attorney, or appointing a legal guardian
  • You have the right to request a copy of your records, for which a fee may be applicable, subject to the stated in the preceding section

Maintaining communication with those around you, including your loved ones, is vital for both your cognitive and social functioning, which can boost your mood and promote your functioning accordingly. Maintaining social connections is not only your right but also highly encouraged. If you encounter any difficulties, it is advisable to seek assistance from the professional staff.

  • You may meet with any person you wish, according to the institution’s visiting hours
  • You are welcome to invite family members or friends for a visit, ensuring that it does not cause any disturbance to the other residents
  • Ask the institution’s staff to find a quiet and private spot for the meeting
  • You can use your cell phone
  • You have the right to ask the staff to address you in a clear and comprehensible language

If you feel that your rights have been compromised in any way, you have the option to file a complaint and request that your rights be upheld in accordance with the law.

  • You have the right to receive an explanation of home policies, regulations, agenda, activities, vacations, and visitor reception
  • You have the right to appeal these decisions
  • You have the right to file a complaint if you come across any shortcomings or identify areas that require improvement
  • You have the right to request from the staff the address where you can file a complaint, if necessary

When you move to a geriatric institution, you have the right to continue and practice the activities you like and maintain your values in any field.

  • You have a right to engage in actions, activities, and hobbies that bring you joy and fulfillment
  • You have the right to observe religious and traditional practices
  • The institution has an obligation to grant you the opportunity to engage in leisure and religious activities
  • The institution will advertise its weekly leisure and recreational activities either through a notice board or by communicating with you individually or in a group setting to accommodate your preferences
  • The institution is obligated to ensure that its staff informs you about the activities it organizes.