Visits: A Resident Right

Understanding California's Oversight & Regulation

Title 22, Division 6, Chapter 8, Section 87468 lists some of the rights residents retain when moving into an assisted living facility.  They are also enumerated in LIC 613C

Specifically Title 22 enumerates 18 resident rights including the right to have visitors, including the right to visit privately during reasonable hours, and without prior notice, provided that rights of other residents are not infringed upon.  A facility may not unilaterally restrict a resident’s telephone calls or visitors. 

Having friends, family, business associates and all others requested by the resident to visit is an important aspect of socialization and allowing the resident to remain connected, involved, and feel loved and cared for.  Failures in allowing a resident to have visitors is a violation of the resident’s personal rights, and worse – contributes to an elder’s isolation, depression, and loneliness.

Despite the clarity of Title 22 regarding the resident’s unequivocal right to receive visits by family, friends, ombudsman, advocacy representatives and all others the resident is willing to entertain, issues may arise through actions of a Public Guardian or Conservator.  Generally a Public Guardian or Conservator can restrict visitors to the conserved resident; the legal powers of the Public Guardian or conservator take precedence over Title 22 Section 87468.   

Assert your Rights:   As always, if you feel your resident’s right to have visitors and phone calls is being restricted, document the circumstances, document the facts, and make a prompt complaint to CCL via telephone call to the duty work, or in writing using the LIC802 form, or a letter documenting your allegations and supporting information. 

Notes in italics represent the views and/or experience of CARR regarding this topic and/or regulation.

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