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California Court Strikes Down Nursing Home Law

A California judge has ruled a law that allows nursing homes to make treatment decisions for mentally incompetent residents is unconstitutional.

The law has been in place for more than 20 years. It says if a doctor determines a resident is mentally incompetent, and they don’t have a representative, then a nursing home can choose the course of care.

Last week, Alameda County Superior Court Judge Evelio Grillo decided the rule violated patients’ rights to due process.