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Are we allowed to have a baby monitor in my elderly Dad's room?

Dad is in the beginning stages of Alzheimer's but is still mostly competent and lucid. He has been in assisted living for a month or two and we believe one of the staff members is not being honest about dad's behavior and cognitive abilities. Dad insists that he is not imagining things or trying to get her in trouble. The staff member was involved in an incident that caused dad to fall, she denies it but dad is emphatic about his version of the story. We installed a baby monitor type camera which does not record but we can watch what is happening. We have seen enough interactions between them that shows dad is correct and the staff member is lying about how she treats dad. Is it legal to leave the camera in? Should we tell Dad or the facility that the camera is there?
Status: Open    Feb 27, 2016 - 07:21 AM

Elder Law, Senior Living Communities

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Mar 23, 2016 - 10:32 AM

The ability to leave a camera in a loved one's room varies from state to state. In most states, a facility can allow for the a camera or recording device to be placed in the room, but there are many legal implications and concerns associated with doing so. A main concern is that parties being recorded need to have appropriate consent in accordance with local law. If there are serious concerns about the level of care your father is receiving, I suggest consulting with an Elder Law or Nursing Home Abuse attorney to discuss options for monitoring your father's care. Without proper review of local law and consultation with an attorney you risk liability for non-compliance with applicable consent laws for recording of individuals.

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Mar 12, 2016 - 10:47 AM

I would immediately tell the person in charge about the camera and that your father is definitely being abused. What are you waiting on??? Your father deserves help, now!
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