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Memory care · Founder's note

The Call from the Police: Two Decisions Nobody Prepares You For

Staff found it, stopped it, and called the police. The facility evicted the other resident within a day. Everyone did their job, and it still happened — and then the decisions started.

Key takeaways

  • A staff member found it, stopped it, and called police. The facility evicted the other resident within a day. This was not a negligence story, and those are the harder ones to write.
  • Two decisions arrive within hours: whether to permit a forensic exam, and whether to press charges against another person with dementia.
  • There is essentially no published guidance for either. The DOJ protocol defers to state law, and state law frequently does not address adults who cannot consent.
  • Declining evidence collection is not declining medical care. Ask for injury, infection and pain assessment regardless.
  • Restoration of competency is not possible in progressive dementia, and a record of violence — even without conviction — can close every long-term care door.
  • 22.5% of memory care residents were involved in resident-to-resident aggression in a single month in a 2024 JAMA Network Open study, against 10.3% elsewhere in the same buildings.
  • Call the long-term care ombudsman and the state licensing agency whatever you decide about charges. Those systems run independently of the police.

The call

The police called and asked me to come to the hospital.

A staff member had walked into my wife's room in her memory care unit, found what was happening, stopped it, and called the police. The other person was a resident of the same unit. He had dementia too.

By the time I got to the hospital, a nurse and a doctor were trying to explain what they knew and what they did not. Lori was stage 5 to 6. Her short-term memory was gone. She did not know what had happened to her, and within minutes of it ending she no longer knew that anything had.

Over the next few hours I made two decisions I had never heard anyone discuss. I have since gone looking, and there is essentially no published guidance for either one.

Nobody failed. It happened anyway.

A staff member found it and stopped it. Police were called within the hour. The facility evicted the other resident, and his caregiver removed him the next day; he was supervised until he left.

Everyone involved did their job.

That is why I am writing this instead of a story about a bad facility. Stories about bad facilities are easier to read, because they end with something you can act on — choose better, watch closer, ask harder questions. Ours does not end that way. There was no lapse to point at. There was a locked unit with staff walking the halls, and it happened inside it.

What that means is uncomfortable and worth knowing before you need it. Resident-to-resident aggression in memory care is not primarily a story about negligence. It is a foreseeable consequence of housing people together who have lost impulse control, lost the ability to read a situation, lost the words to object, and cannot hold onto a rule. It can be reduced. It cannot be reliably prevented by choosing a nicer building.

None of which lets facilities off. Federal inspectors have cited nursing homes more than 700 times since January 2024 for failing to protect residents from abuse by other residents, and in the first three months of 2026 resident-to-resident abuse was cited more often than any other kind, including abuse by employees. Reporting on the worst cases keeps turning up documented warning signs that nobody acted on for weeks. Both things are true. A great deal of this is preventable and gets ignored, and some of it happens in buildings where everybody did the right thing.

The first decision: the forensic exam

The hospital asked whether they should perform a medical forensic exam and collect a rape kit. I said no.

A forensic exam is invasive, lengthy and intimate. It is hard on a person who understands why it is happening and has agreed to it. Lori could not understand why it was happening, and could not have held an explanation for the length of the exam itself. What she would have experienced was strangers holding her and doing things to her body, again, with no context and no memory of having agreed to anything.

I decided the exam would be a second assault. I still believe that.

Someone else with the same facts would decide differently, and they would not be wrong. Evidence can only be collected inside a window and cannot be recovered afterward. If your person can tolerate the exam, if there is injury that needs treating, if there is any prospect you will want charges, or if you would rather hold the option and not use it than not have it — those are coherent reasons to say yes. Families pursuing a civil claim or a licensing complaint may also want the documentation.

There is a medical question underneath the forensic one, and the two get bundled together in the room. Even with no kit, someone should be examined for injury, infection and pain. Declining evidence collection is not declining care. Say that out loud so nobody assumes otherwise.

There is no guidance for this

I went looking years later. There is almost nothing.

The Department of Justice publishes a national protocol for sexual assault medical forensic examinations. It names vulnerable adults as a category and then hands the consent question back to state law. State law, in turn, often does not address adults who cannot consent at all. A Virginia state crime commission review found no statutory authorization for performing a forensic exam on an incapacitated adult and no clear surrogate authority for a family member or guardian to give or withhold consent on their behalf. The workarounds it could identify were a court order or a search warrant.

So: a woman with advanced dementia is assaulted. Nobody can lawfully consent for her. Nobody has written down what a husband is supposed to weigh. The doctor is standing in front of you, the clock on the evidence is running, and you decide.

I decided in a hospital corridor with nothing to go on. If you are reading this before it happens to you, you already have more than I had.

The second decision: pressing charges

The police asked whether I wanted to press charges against the other resident. He had dementia. I said no.

They handled it well. They made clear they would support either decision and did not steer me toward one.

What I was being asked was whether to put a man with dementia in a jail cell. I could not see what that would give Lori. She did not know it had happened. Nothing a charge produced would return anything to her.

The one thing it might have delivered — separation, safety — had already happened without me. The facility evicted him before I decided anything.

What I did not know then was what the criminal system actually does with a defendant who has dementia.

I knew none of that. I said no for a simpler reason: it did not seem to help anyone. Having read it, I would say no again.

A family that says yes is not wrong either. A charge creates a record, and a record is sometimes the only thing that follows a dangerous person into the next building. There are cases where the absence of one has cost somebody else. If your person can testify, if there was a documented pattern, if you believe someone else is at risk right now, those are real grounds.

How common is this?

Far more common than the silence around it suggests.

A 2024 study in JAMA Network Open examined 930 residents across 14 assisted living communities in New York State. In a single month:

That sexual figure looks small until you set it against how many people live in memory care and how many months they live there. It is not rare. It is rarely discussed, which is a different thing.

Underreporting here is structural rather than accidental. The people involved usually cannot describe what happened. There is often no witness. And the party responsible for documenting an incident is frequently the party that would be cited for it.

A dementia researcher quoted in recent national reporting made the point that in the large majority of incidents there were warning signs beforehand — over months, weeks, days, sometimes minutes. Which is the argument for asking about it on a tour, in advance, while nothing has happened yet.

What I would say to someone standing in that hallway tonight

You are about to make decisions on no information. Here is what I wish somebody had handed me.

The gray spot

Within twenty-four hours of that call, a patch of my beard turned white.

It was on my chin, about the size of a pencil eraser. It looked like someone had touched me there and taken the color out. It never came back, and it was the beginning of my gray.

I do not know the mechanism and I am not going to claim one. Whether stress does that on that timescale is unsettled, and I have no interest in defending a theory about my own face.

I know where it came from. By that evening she had no memory of what happened. The entire weight of it transferred to me in a single day, permanently, and there is a small white mark on my chin that has been keeping the record ever since.

Both things are true and I have never gotten them to sit comfortably together. It is a mercy that she did not have to carry it. And it does not undo one second of what was done to her, and it left nobody but me to remember that it was.

Frequently asked questions

Can I consent to a forensic exam on behalf of someone who cannot consent?
It depends on your state, and in many states the law simply does not address it. A Virginia state crime commission review found no statutory authorization for a forensic exam on an incapacitated adult and no clear surrogate authority for a family member or guardian; the mechanisms it identified were a court order or a search warrant. The federal DOJ protocol names vulnerable adults and then defers to state law. In practice, hospitals ask the nearest decision-maker and proceed on that. Ask the hospital what authority they are relying on, and ask for the medical assessment separately.
Can another resident with dementia actually be prosecuted?
Charges can be filed, but among older forensic defendants those with Alzheimer's disease were found incompetent to stand trial at rates of 30 to 50%, and competency cannot be restored when the cause is a progressive dementia. What frequently follows is repeated commitment for restoration that cannot succeed. Some people spend longer detained than any sentence would have run. Separately, a record of violent or sexual behavior — even with no conviction — makes long-term care placement extremely difficult, which is its own safety consideration for whoever cares for that person next.
Is the facility liable?
That is a question for an attorney licensed in your state, and it depends heavily on what was known beforehand. Facilities are generally expected to assess residents for aggression risk at admission, plan around known triggers, supervise appropriately, and separate residents with a history of conflict. Where inspection findings identify documented warning signs that went unacted on, that is a different situation from an incident with no precursors. Request the incident report, the care plan in force at the time, and the staffing record for that shift, in writing, while it is fresh.
Should I move her?
Not automatically. Moving a person with advanced dementia carries real risk of its own, and the aggressor is often removed rather than the victim — that is what happened in our case, within a day. What matters is what changes immediately: where the other resident is, who is supervising, and what is different about the coming night. If a facility cannot answer that, or the same pattern recurs, that is a different conversation.
How would I even know if something happened?
Frequently you would not, and that is the hardest part of this. Neither person may be able to report it. Bruising in unusual places, new fear of a particular person or of being touched, sudden refusal of personal care, new withdrawal, or agitation that starts abruptly are all worth raising. A sudden behavior change is usually reporting something — most often something physical and treatable, occasionally not.
Where do I report it?
The facility must report to the state, and staff are mandated reporters in most states, but you can report independently. Adult Protective Services, your state's long-term care licensing agency, and your long-term care ombudsman all take reports directly. The ombudsman is free and independent of the facility and the state licensing body, and can advise you before you file anything.

Ask about this on the tour, while nothing has happened yet.

The Memory Care Tour Kit includes the questions about resident-to-resident aggression that almost no family thinks to ask — how new residents are screened, what happens the same day after an incident, and how and when families are told. Join the waitlist and it comes to you free.

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Sources

  1. Pillemer K, et al. Estimated Prevalence of Resident-to-Resident Aggression in Assisted Living. JAMA Network Open, May 3, 2024. 930 residents across 14 assisted living communities in New York State.
  2. Virginia State Crime Commission. Consent for Forensic Sexual Assault Exams.
  3. U.S. Department of Justice, Office on Violence Against Women. A National Protocol for Sexual Assault Medical Forensic Examinations.
  4. Persons Living with Dementia in the Criminal Legal System. National Association of State Mental Health Program Directors Research Institute, 2022.
  5. KFF Health News. Violence Repeatedly Erupts at Dementia Care Facilities Despite Warnings, Inspections Show. 2026. CMS citation counts for resident-to-resident abuse.
  6. RAINN National Sexual Assault Hotline: 800-656-4673.
A note about this one. Day to Day Dementia offers peer support and education — not medical or legal advice. Consent law for forensic examinations, mandatory reporting duties, and facility discharge rules all vary by state; verify with your state licensing agency, your long-term care ombudsman, and an attorney licensed where you live. If this has happened in your family, the RAINN National Sexual Assault Hotline is free and available around the clock at 800-656-4673, for survivors and for family members. Comments are closed on this piece — not to shut the subject down, but because it does not belong in a public thread. If you want to tell me about yours, write to me directly.