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Know Your Rights: Laws that Protect Older Adults

A senior man and woman sitting at a computer with another person explaining what they are seeing.

Aging comes with unique challenges, from avoiding scams to handling changes to your health and abilities. Luckily, there are legal protections in place to prevent or reduce the impact of these challenges. Here are laws you should know so that you can defend your rights.


The Elder Justice Act

This act provides protections and support to older adults experiencing elder abuse. Financial exploitation, physical abuse, psychological abuse, neglect, and abandonment are all forms of elder abuse. This act strengthened the Long Term Care Ombudsman Program and Adult Protective Services, both services that ensure the safety and health of older adults.


The Age Discrimination in Employment Act


An increasing number of older adults are working past retirement age, making age-related protections at work all the more important. This act specifically prevents adults over 40 to be discriminated against within the workplace for their age.


The Americans with Disabilities Act


Around 33% of Michiganders over the age of 65 have a disability. Those Michiganders cannot be discriminated against due to the Americans with Disabilities Act. It protects people from disability-based discrimination in the workplace, while using public transportation, in the healthcare environment, with housing, and more.


The Patient Self-Determination Act


This act requires healthcare providers to inform Medicare and Medicaid recipients about your healthcare decision-making rights, including the formulation of advance directives. You have the right to accept or refuse medical treatment.


The Patient Bill of Rights


The Patient Bill of Rights gets even more granular than the Patient Self-Determination Act about your healthcare rights. Under this act, you have the right to understand your health plan and your options for a health plan, to receive emergency services, to make decisions in your treatment, that your health information is kept confidential, and that you have the right to a fair process in resolving healthcare related conflicts.


The Older Americans Act


This is, of course, the most comprehensive and valuable act regarding the rights of older Americans. The biggest development made through the Older Americans Act was the right to access home and community-based services. It also created protections for individuals in long-term care facilities like nursing homes. This act enables older adults to retain autonomy wherever they reside. Caregivers of older adults get support under this act as well.


The Nursing Home Reform Act


This act extends the rights aligned in the Elder Justice Act to focus on nursing home residents. Nursing home residents have the right to receive high quality care and be protected from abuse.


The Right to a Power of Attorney


You have the right to appoint a trustworthy person to represent you in legal matters once you no longer have the capacity to make decisions about your care.


At CareWell Services Southwest, we support and empower you to maintain your independence, health, and choice. Independence, health, and choice are the basis of all of these legislations. Learn more about our home and community-based services, elder abuse prevention program, caregiver support resources, and Medicare/Medicaid Assistance Program by clicking the For Seniors tab in the menu on our website.

Office Closure Notice

Due to the winter storm warning, our offices will be closed on Thursday, December 5th. All staff will be working remotely.