Nursing Home Abuse - Secretly recording to prove it
Recently my grandmother was admitted to the hospital to run some tests because she has been constantly crying for two months and not eating. She has been in a nursing home for about 1 1/2 years and she has dimensia. While I was visiting I noticed bruises and asked her how she got them. Without batting an eye she said "because they hit me like this and like this" as she punched her fist in the air. I called the home and told them just so they would have a record of what was said and then I bought a tape recorder and planted it in her room. Upon listening to the tape, there has been verbal abuse. The nurse told her if she gets out of bed she would "kick her butt". Will I be in any trouble for recording once I turn the tapes in to the home? Also, can I have my grandmother sign a paper saying she has allowed me to record her conversation.
1 Answer from Attorneys
Re: Nursing Home Abuse - Secretly recording to prove it
Your grandmother has dementia so her consent would not be valid. If you don't have a durable power of attorney signed before the onset of the demetia, you need to get a guardianship established. You also need to know that the abuse and suspected abuse should be reported to the Texas State Department of Health or whatever agency investigates nursing home abuse in Texas as merely notifying the home is NOT enough. Often the homes cover this up.
You need to get the permission of the power of attorney at the least before you can use the tapes. You may want to consider contacting our firm as we handle a large number of nursing home cases every year.
Sincerely,
A. L. DeWitt
888-717-7575
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