Granny cams enable family members to install recording devices in nursing homes and similar facilities in order to protect their loved ones from neglect or abuse by the caregivers. There are certain legal standards in monitoring your loved one when they reside in a nursing home or similar care facility. Generally, when a person has capacity to make their own decisions, then that person can consent to the surveillance being set up in their residence. Likewise, a Guardian may authorize electronic monitoring.
Some states, such as Texas, Maryland, Oklahoma and New Mexico have enacted granny cam statutes that permit recording in certain circumstances. If no state law exists in your state, then it would be necessary to determine whether any additional federal laws such as the Wiretap Act apply to determine if there is consent to the release contents of the recordings. For the future, the number of frail elderly who cannot remain in their homes will continue to increase and authorizing electronic monitoring may be an option for family members who want to protect their loved ones from abuse and neglect when they cannot defend themselves.
Authored by Attorney Christina Stoneking – Here comes the disclaimer: we are lawyers, so this blog offers both legal information and answers to common questions. However, we are not your lawyers, so reading this blog does NOT create an attorney-client relationship; it is information and not advice.
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