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Dear Advocate…
Can the facility require that I visit my mom before 5pm and force her to go to bed at a certain time?


Dear Advocate:

I just returned to work full-time, and went to visit my mother at her assisted living facility on my way home. I got to the facility at 6:00pm, and the administrator told me that I could not visit my mother because visiting hours ended at 5:00pm. My mother told me that the administrator forced residents to go to bed early so that she and her son could have “family time” in the house during the evenings. Can the facility require that I visit my mom before 5pm and force her to go to bed at a certain time?

Sincerely,
Concerned in Colusa

Dear Concerned in Colusa:

As in nursing homes, residents of assisted living facilities have the right to visit privately with anyone of their choosing, without prior notice, during reasonable hours. (H&S 1569.269(a)(24); 22 CCR 87468(a)(11)) Residents also have the right to make choices concerning their daily life in the facility, and to reasonable accommodation of their individual needs and preferences in all aspects of life in the facility. (H&S 1569.269(a)(8),(24))
The facility’s visitation and bedtime policies are in violation of your mother’s rights and California law. A visitation policy restricting visitation to 8am-5pm each day is unreasonable, and creates an unnecessary and undue hardship for any potential visitors with full-time jobs. Additionally, a facility cannot require residents to go to bed at any particular time; your mother is entitled to sleep or stay awake whenever she pleases.

Page Last Modified: December 20, 2016