Ask Proactive – I’m a charge nurse, and a resident just passed away. The family is asking to take the medications home since they paid for them. What should I do?

Q:

I’m a charge nurse, and a resident just passed away. The family is asking to take the medications home since they paid for them. What should I do?

This can be a difficult situation to navigate with grieving families. Even though the family may have paid for the medications, regulations and facility policy dictate that medications cannot be given to family members after a resident’s death.

Here’s why:

• • Diversion Prevention – Once the resident has passed, the medications are no longer prescribed to a living patient, and they were never prescribed to any other member of the family. Giving them to someone else can be considered drug diversion.
  • Regulatory Requirements – DEA and state pharmacy laws require controlled substances to be destroyed or disposed of by authorized means, with proper witness documentation.
  • Liability Protection – If the medications were given to a family member and misused (e.g., taken incorrectly, abused, or given to another person), the facility and nurse could be held responsible.

Considerations in your Response:

• • Acknowledge the family’s concern with empathy. Example:
    • “I understand you’re thinking about the cost of these medications, and I’m so sorry for your loss.”
  • Explain the regulation clearly but gently. Example:
    • “State and federal regulations require us to destroy medications after a resident passes away. We’re not allowed to release them to family members, even if they were paid for.”
  • Offer reassurance about the process. Example:
    • “We will handle the medications safely and according to the law.”
  • Follow facility protocol for destruction.
    • Secure the medications until the scheduled destruction (often with the DON or consultant pharmacist).
    • Ensure two licensed staff members witness and sign the destruction record for controlled substances.
    • Log non-controlled medications according to facility policy.

Written By:

Eleisha Wilkes, RN, GERO-BC, RAC-CT, DNS-CT

Senior Consultant

Proactive LTC Consulting