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Resident Sexual Consent

Sexual consent for assisted living residents requires ensuring resident rights regarding confidentiality, the right to make independent choices, and the right to private unrestricted communications with others, which must be balanced with concerns about resident capacity to give consent. Different issues arise in various contexts, including two residents with capacity to give consent, one resident with capacity and one without capacity (or where capacity changes), between married and unmarried couples, and between staff and a resident.

NCAL’s Risk Management Work Group created a checklist for assisted living communities to be prepared in managing issues that may arise regarding resident sexual consent.

​Disclaimer: The checklist is not intended as legal advice and should not be used as or relied upon as legal advice. It is for general informational purposes only and should not substitute for legal advice. Always seek knowledgeable counsel for advice that is tailored to the actual facts and circumstances and takes into account all relevant laws and regulations. The sample documents are provided as a member resource, and should be adapted to reflect state requirements and each community’s specific needs.