Om åldrandets rätt och samhällets välfärdsansvar: en sårbarhetsanalys av rätten till särskilt boende för äldre människor

For an elderly individual the chance to move into a publicly-provided elder care home can be crucial for a dignified life. The aim of this article is to scrutinize the right to such assistance under the Swedish Social Services Act. The legal regulation, as well as its application in lower courts, is analyzed using vulnerability theory. A goal of the Swedish elder care regulation is to make it possible for elderly persons to live safe, independent lives. If an elderly individual no longer can maintain a reasonable standard of living in his or her own home, he or she could be entitled to a place in an elderly care home. This requires – in practice – that around-the-clock-care is needed due to complex medical, psychological and social needs. The article’s analysis, starting from the responsiveness of the state and the autonomy and individuality of the elderly person, reveals legal shortcomings in the law and its application. A mixed set of determining sources for legal decisions, including local guidelines from Sweden’s municipalities, sets up for legal uncertainty and a weak position for the elder. Lastly, we offer some thoughts to inspire future research in re-thinking the needs and rights of the elderly.