How to Address the Rights of Elderly Patients in Romania: Practical Steps

When Maria's mother was admitted to a public hospital for the third time, her daughter realised that something was not working properly. Although advanced age and multiple diagnoses were part of the reality, the impersonal treatment and lack of communication from medical staff should not have been normal. Maria did not know that her mother had clear rights as a patient — rights that do not disappear with age and that can make the difference between a dignified medical experience and a traumatic one.

In Romania, the healthcare system faces major challenges when it comes to caring for the elderly population. Recent studies show that over 40% of people aged 65 and above are unaware of their rights as patients, and families often feel powerless in the face of bureaucracy or the paternalistic and authoritarian attitudes found in some medical institutions. Nevertheless, Romanian legislation provides a solid framework of protection — the problem is that very few people know how to access it.

This article is here to support families who want to be present for their elderly loved ones in a responsible and informed way. We will explore concrete steps you can take today to ensure that your parent, grandparent, or life partner receives the medical care they deserve, with respect and dignity.

Contents

1. The legal framework for elderly patient rights in Romania
2. The right to information and clear communication
3. Informed consent and decision-making autonomy
4. Confidentiality and protection of medical data
5. The right to treatment and care with dignity
6. How to file an effective complaint
7. Essential documents for protecting rights
8. The family's role in defending the senior's rights
9. When specialist care facilities become the responsible choice

The legal framework for elderly patient rights in Romania

The Romanian legislative system recognises patient rights through several fundamental normative acts. Law 46/2003 on patients' rights and Law 95/2006 on healthcare reform form the legal basis upon which you can rely when you feel that your elderly loved one's rights are being violated. These laws make no distinction based on age — an 85-year-old patient has exactly the same rights as a 45-year-old.

In practice, however, elderly people often find themselves in a vulnerable position. Mobility issues, mild or moderate cognitive decline, dependence on others for transport or for understanding complex medical information — all of these can make it more difficult to effectively exercise one's rights. This is why the family's role becomes essential in acting as an active partner in the relationship with the healthcare system.

Fundamental principles to bear in mind

• Non-discrimination: age cannot be a reason for refusing treatment or for providing inferior quality care
• Autonomy: even people with mild cognitive limitations have the right to participate in decisions regarding their own health
• Confidentiality: an elderly person's medical information is protected and cannot be disclosed without their consent, except in very limited circumstances
• Access to care: all people have the right to quality medical services, regardless of age or social status

How GDPR legislation affects you in a medical context

The General Data Protection Regulation (GDPR) applies in Romania as well and has direct implications for how medical institutions manage information about elderly patients. They must obtain explicit consent for data processing, allow access to medical records, and ensure information security. As a family member, you have the right to request these guarantees on behalf of your elderly loved one, especially if they have formally authorised you to do so.

The right to information and clear communication

One of the most common sources of dissatisfaction amongst families caring for elderly loved ones is the lack of communication from doctors or nurses. The elderly patient — and their family — has the right to clear, complete, and comprehensible information about the diagnosis, treatment options, prognosis, and risks. This right is not a privilege; it is a legal obligation of healthcare professionals.

In practice, however, many doctors use technical language that is difficult to understand, or give rushed explanations, assuming that the family "won't understand anyway." Others avoid difficult conversations about poor prognosis or the limitations of treatment. This lack of transparency not only violates the law, but also creates unnecessary anxiety and can lead to poorly informed decisions.

Concrete steps to obtain clear information

1. Always request a scheduled meeting with the treating doctor, rather than hasty exchanges in the ward or corridor
2. Prepare a list of questions in advance and write down the answers — emotions can make it difficult to remember things
3. Ask for explanations in non-technical terms: "Please explain it to me as if I were a secondary school student"
4. Ask about treatment alternatives and what would happen if nothing were done
5. Request information in writing as well, where possible — documents, care plans, recommendations

When communication becomes a systemic problem

If you encounter constant resistance when seeking information, or if you receive evasive answers, document every incident: the date, time, the person you spoke with, and exactly what was said. These notes will be essential if you decide to file an official complaint or contact the Medical College. This is not about being confrontational — it is about protecting your rights and those of your elderly loved one.

Informed consent and decision-making autonomy

One of the most sensitive aspects of elderly care is respecting their decision-making autonomy. Romanian law is clear: any medical intervention requires the freely expressed consent of the patient, based on complete information. This principle remains valid even when the family believes they "know better" what is beneficial for the elderly person.

The situation becomes complex when the elderly person shows cognitive decline. In such cases, families often wonder: "How much can Mum still decide for herself? To what extent must I respect her wishes, even if they seem irrational?" This is a real and painful tension between respect for autonomy and the need to protect.

Assessing decision-making capacity

The capacity to make medical decisions is not a binary status — a person is not simply either fully capable or fully incapable. Many people with mild or moderate dementia can still understand simple information and express coherent preferences. Others may have good days and less good days. What matters is that capacity assessment is carried out by a specialist — not by the family or by the doctor arbitrarily — and that it is specific to each individual decision.

• Can the person understand the information being presented to them?
• Can they retain the information long enough to make a decision?
• Can they weigh up the options and understand the consequences?
• Can they communicate their decision coherently?

When the family can decide on behalf of the elderly person

If a medical and psychological assessment confirms that the elderly person no longer has the capacity to consent to treatment, the family may intervene — but only through clearly defined legal procedures. This means either a special power of attorney previously granted by the elderly person, or a court order placing them under legal guardianship (for serious cases of dementia). You cannot simply make decisions on your parent's behalf without these documents, even if your intentions are good.

Confidentiality and protection of medical data

Medical confidentiality is a fundamental right, but in the context of elderly care, confusion often arises. Many family members assume they automatically have access to their parents' or grandparents' medical information — however, this is not legally the case unless explicit consent has been given.

Doctors and hospitals are obliged to protect the elderly patient's confidentiality just as they would any other patient's. This means that, without the elderly person's consent or without legal documents authorising you, medical staff cannot discuss their diagnosis, treatment, or state of health with you.

How to obtain legal access to medical information

1. Ask the elderly person to sign a declaration granting access to their medical information, clearly specifying who is permitted to receive it
2. Keep a copy of this declaration and provide it to each healthcare provider
3. Where possible, be present in person at appointments — the patient can request that you participate in discussions
4. In cases of proven medical incapacity, present guardianship or curatorship documents

Exceptions to confidentiality

There are limited situations in which confidentiality may be breached: imminent danger to the life of the patient or others, suspected abuse or neglect, or a court order. Outside of these circumstances, maintaining confidentiality remains the rule, regardless of how close you are to the elderly person.

The right to treatment and care with dignity

Beyond strictly medical matters, elderly people have the right to treatment that respects their human dignity. This means more than correct medical procedures — it means respect, empathy, attentiveness, and recognition of their value as individuals, not merely as "medical cases."

Unfortunately, ageism — discrimination based on age — is still present in the Romanian healthcare system. Some professionals may assume that pain or discomfort is "normal at that age," may dismiss complaints, or may treat elderly people like children, speaking to them in a condescending tone. Such behaviour is not only unprofessional — it is also unlawful.

Signs that the elderly person's dignity is not being respected

• Staff speak about the patient as though they are not present
• Basic needs (food, hygiene, toilet access) are ignored or unjustifiably delayed
• The patient is left exposed or in uncomfortable positions for extended periods
• Pain or discomfort is minimised or ignored
• The patient's cultural or religious preferences are not respected
• Privacy is not protected during examinations or procedures

What you can do when dignity is under threat

First, speak directly with the person involved, calmly but firmly. Behavioural issues can often be resolved through direct communication. If this does not work, escalate the matter to the head of department or to the patient relations department within the institution. Document everything, and do not hesitate to involve the Medical College or the Nursing College if the situation calls for it.

Institutions such as Camin de Batrani LUXAB WEST in Municipiul București place particular emphasis on respecting the dignity of elderly residents. Luxab Sector 6 is not merely a care home for the elderly — it is a community supported by a dedicated medical team that understands quality care means not only correct medical treatment, but also consistent respect for each person, their history, and their individual preferences.

How to file an effective complaint

When you feel that your elderly loved one's rights have been violated, it is important to know that you have several avenues of action available to you. The system may seem bureaucratic and intimidating, but with the right information you can navigate the process effectively.

The first rule: document everything. Every incident, every conversation, every refusal of information or treatment. Note the date, time, the names of the people involved, and exactly what happened. Keep copies of all medical documents, correspondence, and forms. This documentation will be essential regardless of the route you choose to take.

Avenues for redress when rights are violated

1. The patient relations department of the relevant hospital or clinic — the first step, often the quickest
2. The County Public Health Directorate — for issues relating to quality of care or conditions within the institution
3. The Medical College or the Nursing Order — for professional misconduct by practitioners
4. The National Authority for Quality Management in Health — for systemic quality issues
5. The People's Advocate (Ombudsman) — for serious violations of fundamental rights
6. Legal channels — civil or criminal action, with specialist legal assistance

Writing an effective complaint

A well-structured complaint has a greater chance of success. Always include: the full details of the patient and of yourself (if you are filing on their behalf), a clear and chronological description of events, relevant documents attached, which rights you believe have been violated, and what resolution you are seeking. Avoid overly emotional language — stick to the facts and clear legal references. Keep a copy for yourself and request confirmation of receipt.

Essential documents for protecting rights

Preparing in advance makes the difference between reacting in panic to a medical crisis and having the situation under control. There are several documents that every family caring for an elderly person should prepare ahead of time, during moments when everyone is calm and clear-headed.

The personal medical file

Create a complete, up-to-date file that includes:

• A list of all chronic conditions and previous diagnoses
• A full list of current medications, with dosages and frequency
• Known allergies and adverse reactions
• A history of surgical interventions and hospital admissions
• Results of recent tests and investigations
• Contact details of the doctors monitoring the elderly person

Legal authorisation documents

These are critical and must be prepared before the elderly person loses capacity:

1. Special power of attorney for medical decisions — a notarised document by which the elderly person authorises you to make decisions on their behalf should they become incapacitated
2. Declaration regarding access to medical information — allows doctors to discuss their state of health with you
3. Advance directives (living will) — instructions about which treatments they do or do not wish to receive in certain circumstances
4. General or special power of attorney for financial and administrative matters

When and how to prepare these documents

The conversation about these documents can be difficult — no one enjoys talking about their future limitations. Approach the subject with sensitivity, but also with firmness. Explain that it is not about assuming the worst, but about being prepared and honouring the elderly person's wishes even when they can no longer express them. Many notary offices and law firms offer specialist advice for families — it is an investment well worth making for your own peace of mind and that of your loved one.

The family's role in defending the senior's rights

As a family member, you often become an unofficial advocate for your elderly loved one within the healthcare system. This role comes with responsibilities, but also with limits you must respect in order to truly protect the person you care about.

Your first role is to be an observer. Be present at appointments where possible, visit regularly if the person is hospitalised or in residential care, and observe how they are treated and whether their basic needs are being met. Many problems can be prevented or quickly resolved if someone attentive is there to notice them.

The delicate balance between protection and respect for autonomy

The greatest challenge is finding the right balance. On the one hand, you want to protect the elderly person from poor decisions or exploitation. On the other, you must respect their autonomy and dignity, avoiding becoming a source of disrespect yourself by treating them like a child. Here are some guiding principles:

• Always ask the elderly person what they want, even if you think you know the answer
• Provide information and help them understand their options — do not make the decision for them without their agreement
• Respect decisions you disagree with, as long as the elderly person retains decision-making capacity
• Intervene firmly only when there is a real and immediate danger, or when decision-making capacity is clearly compromised
• Communicate openly with other family members to avoid conflict and contradictory decisions

How to take care of yourself while caring for someone else

Defending your elderly loved one's rights is a marathon, not a sprint. Many family members become physically and emotionally exhausted, which makes them less effective in their role as advocates. It is not selfish to take time for yourself — it is necessary. Seek out support groups for carers, take regular breaks, accept outside help when it is available, and do not hesitate to consult a psychologist if you feel the burden is becoming overwhelming.

When specialist care facilities become the responsible choice

For many families, the decision to turn to a specialist institution for the care of an elderly loved one comes with feelings of guilt and failure. "We should be able to manage on our own," "I can't abandon my mother," "What will people say?" — all of these thoughts are normal, but they can also be counterproductive if they prevent you from making the best decision for both the elderly person and yourself.

The truth is that caring for an elderly person with complex medical needs requires resources that a family cannot always provide: round-the-clock supervision, specialist medical staff, adapted equipment, an activity programme, and opportunities for socialisation. When these needs exceed what you can offer at home without compromising your own health and life, a specialist institution is not abandonment — it is a responsible and loving choice.

Criteria for an institution that respects the rights of elderly residents

Not all care facilities for older people are created equal. When assessing your options, look for these essential characteristics:

• Qualified medical staff present at all times, not just for a few hours a day
• Complete transparency — you are permitted to visit unannounced and observe the daily routine
• An individualised care plan for each resident, rather than a one-size-fits-all approach
• Respect for the resident's autonomy where possible — choices regarding food, schedule, and activities
• Open communication with the family and their involvement in important decisions
• Clean, safe facilities adapted for reduced mobility
• Social, cognitive, and physical activity programmes

Examples of good practice in upholding rights

Institutions such as Camin de Batrani LUXAB WEST in sector 6 of the capital offer a model of rights-centred and dignity-focused care. Luxab Sector 6 is not merely a care home for the elderly — it is a community supported by a dedicated medical team, which understands that every resident comes with a unique history, personal preferences, and the right to be treated as an individual, not a number. Here, families are encouraged to be active partners in care, and transparency and communication are the standard, not the exception.

When visiting potential institutions, observe how staff interact with current residents. Are they treated with respect? Are they addressed by name? Are their preferences listened to? Are they clean and well cared for? The physical environment matters, but the culture of the institution — its values and everyday behaviours — makes the real difference to the quality of life of your elderly loved one.

Frequently asked questions

Can I make medical decisions for my elderly parent without a power of attorney?

No, you cannot make official medical decisions without legal authorisation, even if you are the person's child or spouse. Doctors are obliged to obtain consent from the patient or from their designated legal representative. The exception applies in life-threatening emergencies where the patient is unable to consent and there is no time for legal procedures.

What do I do if the doctor refuses to give me information about my parent's condition?

The doctor is acting lawfully if your parent has not signed a declaration permitting them to communicate with you. The solution is to speak with your parent and ask them to sign such an authorisation. If your parent no longer has decision-making capacity, you will need legal guardianship or curatorship documents in order to access their information.

How do I know whether my parent can still make their own medical decisions?

Decision-making capacity must be assessed by a specialist — usually a psychiatrist or clinical psychologist — for each individual decision. Do not automatically assume that age or a diagnosis of dementia means total incapacity. Many people with mild cognitive decline can still make valid decisions about their care if information is presented to them clearly and simply.

Is it legal for hospital staff to treat elderly patients differently?

No, age-based discrimination is unlawful in the Romanian healthcare system. Elderly patients have the right to the same standard of care as younger patients. If you observe differential treatment based solely on age — rather than on specific medical needs — you can file a complaint with the Public Health Directorate or the Medical College.

How much does it cost to hire a lawyer to protect my parent's rights?

Costs vary depending on the complexity of the case. An initial consultation may cost between 200 and 500 RON, whilst representation in a medical case can run to several thousand RON. However, many issues can be resolved without a lawyer, through administrative complaints to the relevant bodies. Assess the seriousness of the situation first and explore free avenues before engaging legal assistance.

How do I choose between home care and a specialist institution?

The decision depends on several factors: the level of medical care required, your available resources (time, energy, finances), the suitability of your home (is it adapted for special needs?), the support network available, and the elderly person's own preferences. There is no universally "correct" choice. Consult the GP, realistically assess your own capabilities, and involve the elderly person in the decision as much as possible. Remember that you can start with one option and change course if circumstances alter.

Defending the rights of an elderly parent, grandparent, or life partner is not merely a legal responsibility — it is an act of love and respect. Within the Romanian healthcare system, with all its imperfections, informed and engaged families can make an enormous difference to the quality of care their elderly loved ones receive. Arm yourself with knowledge of rights, prepare the necessary documents, be present and attentive, and do not hesitate to speak up when needed. Your loved one deserves dignity, respect, and quality care — and you have the power to ensure they receive it.

If you feel that your situation is beyond what you can manage alone, do not hesitate to seek specialist support. Whether it is a consultation with a solicitor, support from a social worker, or exploring specialist care options, asking for help is not a sign of weakness — it is a sign of wisdom and responsibility.

This article is for informational purposes only and does not replace medical advice. For specific situations, please consult a specialist.