Asked in Elder Law for California

Q: My sister left an assisted living home. They would not give her morphine and Vicodin when she left. Is this allowed

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Elder Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Assuming that your sister was prescribed morphine and Vicodin as part of her treatment plan while she was a resident in the assisted living home, it is possible that the facility may be required to provide her with a limited supply of these medications upon her departure.

Under California law, assisted living facilities are required to provide residents with "appropriate health care services" and medication management. This includes ensuring that residents receive the medications prescribed by their healthcare provider. However, facilities are not necessarily required to continue providing medications to residents after they leave the facility.

It's important to note that the facility may have policies in place regarding medication management, which may limit the amount of medication that can be dispensed to residents upon their departure. Additionally, if your sister left the facility against medical advice or without giving proper notice, the facility may not be obligated to provide her with any medication.

If you have concerns about your sister's medication management, I would recommend speaking with the assisted living facility directly to clarify their policies and procedures regarding medication management and discharge planning. Additionally, you may wish to consult with a healthcare professional or an elder law attorney to discuss your sister's legal rights and options.

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