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Legalease
Legalease, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 16288
Experience:  13 years experience in Consumer Protection law, in particular construction law and auto repo law
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My mother currently is in hospice care at home. I have an

Customer Question

My mother currently is in hospice care at home. I have an aid come to the house 7 days a week, 4 hours a day who I love. My mother just got back from Respite care on Saturday after a week away so I could take a break. Today, i received an odd call from the nurse assigned to my mother asking that I shut off the cameras in the house because the aid was uncomfortable with the camera's. The aid has been with us since January 15th, 2016 and is well aware there are camera's in the house as well as in my mothers room. They are part of our homes security. To make a long story short, I spoke with the aid who I am very friendly with asked if the cameras bother her and she said absolutely not. I think while in Respite care they found out that I had cameras in the house, and used my aid as a pawn in turining the camera's off because they suggested I could not keep Luda if the camera's were not shut off be she was upset about them, when in fact she wasnt? Many legal questions, but Hospice request camera's be shut off in a private home if there if an homeaid comes in daily to care for your loved one? I was under that they should not have the expectation of privacy when entering a private home.
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Legalease replied 9 months ago.

Hello there --

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Do the cameras also record what is happening and if so. are they recording SOUNDs as well as the pictures/movies?

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MARY

Customer: replied 9 months ago.
They record but no sound.
Customer: replied 9 months ago.
Expert:  Legalease replied 9 months ago.

Hello there --

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Even better! You see, it is perfectly legal to record any visitors or workers into your own home, but if their words are being recorded then you do have to let them know that they are being recorded (New York requires that both parties to a conversation be made aware of the recording and be permitted to leave or otherwise opt out of being recorded). This is why most video surveillance systems do NOT pick up sound. So, that being said, it is perfectly legal and acceptable for you to have a video system set up in your own private home and there is nothing legally that any worker or visitor can do to you because of it.

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Turning to the reluctance of the agency to be recorded -- they are most likely concerned that the cameras might show an incident where they commit malpractice against your mother -- and your mother might not even know it is happening (such as giving her the wrong medication, etc). So the company is concerned about liability and lawsuits due to actions of their employees in your home.

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You can choose to leave the cameras running and ask the company to send workers who are not uncomfortable with the cameras being on. That is your right to do. However, you might start having problems having workers come to assist your mother and if there are not too many agencies that will handle this kind of end of life care, you may have difficulties finding workers overall to assist your Mom (and I am sure you do not want that, either). So, while it is perfectly legal to have the cameras and use them during your Moms care, you may end up with a worker shortage of persons willing to work for you and that is their choice (they do not have to come if they do not wish to)

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In the short term, I suggest that you make every worker aware about the cameras and perhaps offer a tip for coming if you are having a hard time getting them to work for you or stay working for you because of the cameras. As a last resort, you can offer to turn the cameras off while they are at the house but I would certainly try hard not to do that because even I would feel better with cameras in my Moms room if she is home alone several hours a day.

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Please let me know if you have further questions. If not, can you please press a positive rating above so that I will be paid for my time assisting you tonight. I am paid nothing unless you press the middle star or the fourth or fifth star on the right of the middle star above in the ratings section. Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time assisting you today. THANK YOU VERY MUCH