Calendar of ActivitiesAdult day care gives caregivers a break from the round-the-clock task of caring for a frail elderly relative. It also provides stimulation and a welcome break from routine for the relative. Although there are benefits for caregivers and participants, you expect the day-care provider to manage your senior with sensitivity and competence. The frail elderly require special treatment and supervision that takes their special physical and mental needs into account.

Regulated by Each State

Each state has its own laws that determine the types of services that an adult day care setting can offer. Licensing and certification requirements for adult day care facilities also differ widely by state. All states have regulated standards for senior services. However, you need to look up your state's specific laws to determine if you have grounds for a lawsuit based on an adult day care incident.

States May Not Be Allowed to Discontinue Adult Day Care Services

In some states, adult day care services are divided into programs that offer supervised daytime activities and programs that couple activities with health care, nursing, and rehabilitation services. The economy has forced some states to consider ending state-sponsored adult day care services. But courts have refused to let them end services that keep seniors in their homes instead of institutions. Age-related conditions are classified by the courts as disabilities under the Americans with Disabilities Act. By claiming disability discrimination, some seniors have forced states to continuing support for adult day care programs.

Adult Day Care Programs Have a Duty of Care

Adult day care providers are required by state law to exercise reasonable care when managing seniors. There must be sufficient supervision to prevent participants from wandering off and getting hurt. The facility is also responsible for preventing abuse by staff members and fellow participants. Violations of this duty of care can form the basis for a lawsuit.

State Law Establishes Senior Care Standards

Most states set standards for adult day care services. These laws typically address staffing requirements, training. and inspection of programs and facilities. If a participant is injured while in a day care program, these laws make it easier to determine if the staff failed to meet a required standard of care.

An Elder Law Attorney Can Help

Most states set standards for adult day care services. These laws typically address staffing requirements, training. and inspection of programs and facilities. If a participant is injured while in a day care program, these laws make it easier to determine if the staff failed to meet a required standard of care.

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