The decision to put the elderly into nursing homes over their objection is a crisis many families painfully face. But if the decision is not to place the elderly in a nursing home, is that neglect? The Washington Supreme Court ruled that the guardian of an elderly Pierce County woman was not negligent when she didn’t force her into a nursing home against her wishes.

The court explained in the unanimous ruling that even if the bed-bound woman could have gotten better care in such an institution, she should not have been forced to move into one. Following her wishes was not neglect.

In a unanimous ruling, the Supreme Court reversed a decision by the Washington Court of Appeals, citing the Legislature’s mandate against placing incapacitated persons against their will. The full opinion can be found here (PDF).