Voting and Long-Term Care Residents
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Long-Term Care facilities should have a plan to ensure residents can exercise the right to vote, whether in person, by mail, absentee, or other authorized process. A resident’s rights, including the right to vote, must not be impeded in any way by the nursing home and its facility staff. If you live in a long-term care facility, make sure that is the home address on your voter registration. If you need help, ask the facility social worker or management. Visit the National Consumer Voice website for more information on residents’ right to vote.
People with disabilities create a significant voting bloc with the power to influence policy. There are an estimated 38 million Americans with disabilities who are eligible to vote. Nationally, people with disabilities voted at a 3.6% lower rate than nondisabled voters in the 2022 midterm elections. Additionally, one in seven voters with disabilities reported difficulty voting. Visit Administration on Community Living’s Voting Resources for Older Adults and People with Disabilities for more information.
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Individuals receiving long-term care services and supports retain their right to vote-no matter where they live or what type of care they receive! See below for important information related to voting this election year:
The 2024 General Election is November 5, 2024. The deadline to register to vote in the 2024 General Election is October 7, 2024 no later than 4:00 p.m. local time.
Kentucky Voter Information Portal https://vrsws.sos.ky.gov/ovrweb/govoteky
FAQs on voter registration https://elect.ky.gov/Frequently-Asked-Questions/Pages/Voter-Registration.aspx
Mail-In Absentee Voting Eligibility for Absentee Voting: https://elect.ky.gov/Voters/Pages/Absentee-Voting-By-Mail.aspx
Voters are eligible to receive an absentee ballot mailed to the residential address in the county in which they are registered if their completed application is received fourteen (14) days before an election and if the voter is: Prevented from voting in person at the polls on election day and from casting an excused or no-excuse in-person absentee ballot on all days in-person absentee voting is conducted because he or she will be absent from the county of his or her residence all hours and all days excused, or no-excuse in-person absentee voting is conducted; a participant in the Secretary of State’s crime victim address confidentiality protection program as authorized by KRS 14.312; or not able to appear at the polls on election day or the days excused or no-excuse in-person absentee voting is conducted on the account of age, disability, or illness, and who has not been declared mentally disabled by a court of competent jurisdiction.
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If you have more questions about voting check out the KY Protection and Advocacy’s Your Voice Your Vote booklet for the answers to frequently asked questions such as the ones below.
I have a guardian. Can I still vote?
Ask your guardian what the guardianship order says. If you were appointed your guardian before June 26, 2007 it’s very likely you lost your right to vote. It used to be an automaic loss of voting rights when a guardian was appointed. If you got your guardian after June 26, 2007 and the order doesn’t say your right was removed, you are able to vote. If you got your guardian before June 26, 2007 or the order says that your right was removed, you can ask a judge for that right to be returned. This is called restoration.
How do I ask for restoration?
You can ask for restoration in three ways:
- Verbally tell the district court clerk that you want to have rights restoration,
- Write a letter to the district court judge saying you want rights restoration, or
- File a “Petition for Relief, Modification, or Termination” that you can get at the district court clerk’s office or download online.
There will be a hearing scheduled so that you can talk with the judge. The judge would then decide if you get your voting right restored.
Someone is my Power of Attorney. Can I still vote?
Yes. Power of Attorney isn’t the same a guardianship. You still have all of your legal rights.
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Dignity and Privacy
The Columbus Dispatch guest columnist Ohio Governor Mike DeWine recently wrote
Nursing home residents deserve dignity. They shouldn’t be forced to room with strangers.
DeWine wrote, “Home is where we feel most secure and are best able to express ourselves; the ultimate safe haven and source of great personal pride. Unfortunately, these comforts are not available to thousands of Ohio nursing home residents without a private room to call their own.” The article cites a study that 82% of resident prefer a private room.
Governor DeWine goes on to say, “Every nursing home resident in our state who wants a private room should be able to get one.” He points out that privacy is particularly important considering how personal the experience of receiving care can be.
DeWine says with the support of the Ohio General Assembly, he recently tasked the state’s Department of Medicaid with developing a plan that would incentivize nursing homes to work to make privacy a priority.
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Staff and Volunteer Spotlights
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Join the State Long-Term Care Ombudsman Program Team
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The Kentucky State Long-Term Care Ombudsman Program is hiring! Click the links below to see the full job descriptions and apply.
Legal Counsel: The Legal Counsel provides consultation and/or representation to the KSLTCOP and Nursing Home Ombudsman Agency of the Bluegrass, Inc.
Regional Ombudsman: The Regional Ombudsman assists the State Long-Term Care Ombudsman with the delivery and coordination of Long-Term Care Ombudsman services statewide. Regional Ombudsmen assist, coach, and monitor District Long-Term Care Ombudsman Programs.
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Thank you to our staff and volunteers. You make a difference!
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Residents’ Rights Month October 2024
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Prepare to Celebrate!
Residents’ Rights Month is an annual event designated by the National Consumer Voice and is celebrated in October to honor residents living in all long-term care facilities. It is a time for celebration and recognition offering an opportunity for every facility to focus on and celebrate awareness of dignity, respect and the value of each individual resident. This year’s theme is The Power of My Voice. Let us know if you have any questions and how you plan to celebrate email us.
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The Resident’s Voice Challenge
Creative writing and artistic expression are meaningful and compelling ways to highlight the importance of residents’ rights and how these rights can be carried out in all long-term care settings. Residents are encouraged to get creative in demonstrating the power of their voice.
Consider using a unique medium to share your voice – make a video or audio recording describing what makes you feel empowered or what enriches your life, read a piece of original poetry or a short story, play original music or sing a song, show and tell us about your artwork, etc. Read the full Resident’s Voice Challenge Criteria before submitting. The deadline for submissions is September 1.
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Sanders-Brown Center on Aging launches Brain Health Activities program
The University of Kentucky’s Sanders-Brown Center on Aging has introduced a groundbreaking initiative, Brain Health Activities, aimed at supporting individuals with dementia and their caregivers. The program was developed with extensive collaboration across the UK campus, offering a variety of resources designed to enhance brain health and quality of life for those affected by dementia and their caregivers.
For more information check out the Brain Health segment featured on KET’s Kentucky Edition, and the UK College of Medicine’s article Sanders-Brown Center on Aging launches innovative Brain Health Activities program.
Long-Term Care facility staff, residents, families and the public are encouraged to explore and use this new resource.
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What’s an Ombudsman?
Ombudsmen advocate for residents of long-term care facilities at no charge to residents or families.
Long-Term Care Ombudsmen
- Regularly make unannounced visits to long-term care facilities to visit residents.
- Protect the special legal rights of residents.
- Identify, investigate, and resolve residents’ problems and concerns.
- Empower residents to make informed choices.
- Work to monitor laws/policies to protect residents.
Long-term care ombudsmen serve residents in all counties in Kentucky. Visit our website!
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The Kentucky State LTC Ombudsman Program is housed within the Nursing Home Ombudsman Agency of the Bluegrass.
The KLTCOP is funded in part by state and federal funding provided by the Department for Aging and Independent Living.
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