Protecting Your Loved One: What You Should Know About In-Room Cameras in California Elder Care Facilities

By Eugene Bruno on April 30, 2025

If you have a parent, grandparent, or other loved one living in an elder care facility, it’s only natural to worry about whether they’re being treated with the kindness and respect they deserve. Over the last few years, more families have started installing cameras inside their loved one’s private room — hoping to bring a little peace of mind when they can’t be there in person.

But before you set up a camera, it’s important to know that California law puts some serious limits around when and how you can record, even with the best intentions. This blogpost will walk you through some of the basics in a way that’s straightforward and easy to understand — because protecting your loved one shouldn’t mean accidentally breaking the law. 

First, California has some of the strongest privacy laws in the country. California requires what’s called “two-party consent” for recording conversations. That means you can’t legally record audio — and sometimes even video — without the permission of everyone involved. In the context of elder care, that includes not just your family member, but also any roommates, visitors, or staff who might be recorded.

If your loved one is mentally capable, they need to personally agree to the camera being installed. If they’re not able to make those decisions themselves — for example, because of advanced dementia — you can usually give permission as their legal representative (like if you have power of attorney). If they have a roommate, you’ll need the roommate’s consent too. No exceptions.

Most elder care facilities also have their own policies about in-room cameras. Some allow it under certain conditions, and others don’t allow it at all. Even in places that say “yes,” you’ll usually be required to submit a formal request, get written consent from all parties, and sometimes agree to limitations — like turning off audio or aiming the camera only at specific areas (such as the bed). Facilities have a duty to protect everyone’s privacy under HIPAA and other federal regulations, so they tend to be very cautious.

Another thing to keep in mind: where you point the camera matters. Filming private activities like bathing or toileting, even with good intentions, can create major privacy issues. In fact, even if your loved one says it’s okay, you could still end up facing complaints or legal problems if someone else feels their rights are being violated.

“What happens if we just install a camera quietly without telling anyone?” That’s a very bad idea. Secret recordings, especially ones that capture audio without consent, cannot be used as evidence in the event that you discover abuse — and, more importantly, they can expose you to civil lawsuits and even criminal charges. It’s not worth the risk.

The truth is, it is completely understandable why families want cameras. Most people aren’t trying to spy or cause problems — they just want to make sure their loved ones are safe, respected, and cared for. That’s a natural human instinct. But in California, you have to balance that instinct against some very real privacy laws.

If you’re considering installing an in-room camera, here are a few key steps to stay on the right side of the law:

• Talk to the facility first. Ask for a copy of their policy on in-room monitoring
• Get consent in writing. From your loved one, any roommates, and possibly regular visitors
• Avoid recording private activities. Keep cameras aimed at general living areas like beds or seating spaces and avoid recording toileting, bathing or dressing activities
• Disable audio unless everyone agrees. Audio recording without consent is where the biggest legal risks lie
• Be transparent. Let staff and visitors know that a camera is present if required by facility rules

Finally, if you have any doubts, get some advice. Speaking to a San Diego nursing home abuse attorney can save you a lot of trouble — and help you focus on what matters most: making sure your loved one is safe and well cared for. Call now at 1-888-BRUNO-88 (1-888-278-6688).