Is it legal to take someone’s letters if…

August 5th, 2016

If it’s the staff at a residence that takes them from a resident, and the resident has given consent, even he doesn’t believe/remember he has given consent?
Answer #1
Kinda hard to say, staff sais resident did, resident sais he didn’t. If they cant prove resident gave consent i’d say it isn’t
Answer #2
Yes, if the person is a known or diagnosed Alzheimer’s patient (or other mental problem).
If it’s a care or nursing residence then they are the guardians for that person and have that power.
Of course, nothing gives them the right to do anything out of the persons interests – screw them over or act illegally with the opened mail (apply for credit cards, etc).
In many cases, staff opening mail is the only way a preying scam gets caught! (A scam that preys on those with poor memories)
Answer #3
Consent of the resident would need to be put in writing by the resident of the residence..
That said, I don’t see why anyone would want to take someone’s letter.
Are we referring to so someone who can’t take care of his/herself, as in an old persons or mental home ?
Answer #4
Consent of the resident would need to be put in writing by the resident of the residence..
This. Just to be careful. Sh*t happens, mistakes happen, people get accused.. before you know it you’ve lost your job.
Do the residents not have to sign an agreement on entering the residence? I’d imagine they would.
If in doubt, ask the boss.
Answer #5
and Dags are right – but a memory deficient patient would have a guardian that would have likely signed over guardianship to the residency.
They’d have to else the home wouldn’t be able to organise medical help (which sometimes requires the consent of an adult or guardian, even for the elderly, and especially for the mentally infirm.

 

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