The Law Practice of Dennison Keller, LLC Newsletter

Independence is among our most basic and valued rights as we age. According to AARP studies, an overwhelming number of us want to stay in our own homes as we grow older, following our own routines in familiar surroundings. We want, and expect, the right to make our own choices and determine how we spend our days.

With support from family and friends, more seniors than ever are staying active, socially connected and healthier as they grow older.

Ohio's area agencies on aging work with public and private partners to respond to the unique needs of our older citizens, providing services that help seniors remain comfortably in their homes. Recently, Ohio has taken steps to shift current long-term care policies from a nursing facility-based model to home- and community-based care, which will help more seniors stay in their preferred settings, safely and independently.

However, there may come a time when staying in your own home is no longer an option. Because of health and safety concerns, an older adult may need to live in a nursing facility for a while. Though you are no longer in your own home, you do not give up your right to independence. Senior independence means you control the effects of aging on your life and you have a say about the adaptations necessary to deal with those effects.

The federal government ensured nursing facility residents' rights to independence and choice in the federal Nursing Home Reform Act of 1987. Among these rights are the right to know their health conditions and the right to decide how they want to spend their days.

The Act also guarantees nursing home residents and their families the right to hold private meetings as a group, known as a family or resident council. A resident council gives residents of a long-term care facility a form of patient self-government, allowing them to voice concerns about the quality of care and life of the facility and to influence changes in rules, policies and practices under which they live.

A resident council provides residents with a forum to promote independence and opportunities for personal growth and to express their talents and wisdom. A council also allows residents to become involved in maintaining a quality environment for healthy living. Councils benefit facility staff by providing an open line of communication and encouraging a good working relationship between residents and staff. Councils also provide recommendations for programming or policies that would benefit residents.

Long-term care facilities are recognizing that by acknowledging and supporting resident independence, individualizing care and de-institutionalizing the environment, residents experience a better quality of life and better results. This institutional shift, called "person-centered care," puts the focus on the resident, not his physical condition. By asking questions about the resident, staff can better meet his unique needs, preferences and strengths in ways that support independence, self-esteem and quality of life.

In person-centered care, residents keep their daily rituals. They are asked what time they want to get up in the morning, go to bed at night and what and when they want to eat. Residents are asked what they want to do each day and they are involved in planning their schedules. When a resident can no longer speak for himself, family members are consulted.

While great strides are being made in every setting to ensure the independence of Ohio's seniors, everyone has the responsibility of being aware of their rights and advocating for them to ensure their own, their family members and their friends continuing independence.

Information about long-term care facility resident rights is available through Ohio's Office of the State Long-term Care Ombudsman at 1-800-282-1206. Ohio's Ombudsmen advocate for people receiving long-term care. They work with providers, residents, their families and other representatives to resolve problems and concerns. Ombudsmen link residents with services or agencies, inform consumers about their rights, offer advice on selecting long-term care providers and provide information and assistance with benefits and insurance. They can also provide information about Ohio's volunteer ombudsman program and tell you how you can get involved.

Independence is everyone's right - no matter your age.

Taken from Aging Issues, a column from the Director of the Ohio Department of Aging, January 21, 2009.