Worried about your mom in the nursing home? Install a Granny Cam.
Granny Cams (electronic monitoring by video or audio) have been legal in Texas since 2001. They can be placed in the room of a resident of an institution.
In fact, during the admission process institutions are required to give the resident (or the resident’s guardian) a form that states that monitoring is permitted, and describes the basic procedures to request authorized monitoring. The institution cannot prohibit electronic monitoring, can’t refuse to admit a resident because electronic monitoring is requested, and can’t kick out a resident because authorized electronic monitoring is taking place.
Who can request a Granny Cam? It’s a little confusing, but basically:
1) the resident, if he or she has capacity (and has not judicially been declared incapacitated)
2) the Guardian, if the resident has been judicially declared incapacitated
3) if the resident doesn’t have capacity (but has not been legally declared incapacitated), then the resident’s legal representative.
What if the resident doesn’t have a private room? Then the other occupant (or the occupant’s agent, see above) has to consent to the use of the electronic monitoring, too.
Once the Granny Cam is in place, then a “conspicuous notice” must be placed at the entrance of the resident’s room.
With the monitoring comes some duties. A person who conducts the monitoring has 14 days to view or listen to the tape, and then has a legal obligation to report abuse or neglect. The tape can be used in a criminal or civil trial.
Texas was actually the first state to pass a Granny Cam law. It’s a good law. Use it.
Hammerle Finley Law Firm. Give us a call. We can help.
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The information contained in this article is general information only and does not constitute legal advice.
