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How a dementia patient’s agitation became a dispute over sedating drugs

After staff reported repeated incidents involving aides, Marjorie Tingley’s sons sought an infection check before agreeing to medication. The dispute exposed difficult choices about safety, sedation and where she could live.

Health Desk · The Wells Post

6 min readComments

Two women walking in a nursing home corridor, one holding a child doll.
Two women walking in a nursing home corridor, one holding a child doll. Stock photo by Jsme MILA on Pexels

A person with dementia may become agitated because something hurts, frightens or confuses them. Medication may calm the behavior, but it does not necessarily explain it. In a Michigan memory-care facility, Marjorie Tingley’s sons asked for an infection check before agreeing to sedating drugs; doctors later confirmed she had a urinary tract infection.

Tingley’s case, documented in a KFF Health News investigation, shows why these decisions are difficult. Care workers need protection from injury. Residents also need care that responds to their distress without unnecessarily limiting their ability to engage with the people around them. When a facility says it cannot safely keep someone without medication, a family may have to weigh those concerns under pressure to find another place to live.

Why can a person with dementia become agitated?

Dementia can affect how a person perceives a situation and controls their reactions. According to KFF’s reporting, fear, pain, hunger or another need a person cannot communicate may appear as agitation. That does not make the risk to care workers any less real; it means understanding what happened matters to both the resident and the people helping them.

At Vista Grande Villa, staff logs recorded Tingley hitting, kicking or elbowing aides during personal care on at least 10 days in November 2024. The facility told her sons, David and Mark Tingley, that she posed a safety threat. Aides helping a resident wash or dress should not have to absorb repeated blows, and a care plan must account for their safety as well as hers.

Her sons initially asked that she be checked for a urinary tract infection. Doctors later confirmed an infection and prescribed antibiotics. The diagnosis does not establish that the infection caused every incident or that treating it resolved her agitation. It does show why checking for a medical problem can matter before deciding that behavior itself is the only problem to treat.

What are lorazepam and olanzapine, and what risks do they carry?

The two drugs at issue in Tingley’s care are not interchangeable. Lorazepam, sold as Ativan, is a benzodiazepine used for anxiety. Olanzapine, sold as Zyprexa, is an antipsychotic. Both can affect a person’s behavior and alertness, but they have different uses and warnings.

Close-up of blue tablets spilling from an orange prescription bottle on a marble surface.
Close-up of blue tablets spilling from an orange prescription bottle on a marble surface. Stock photo by Etatics Inc. on Pexels

The lorazepam label warns that older or debilitated people may be particularly susceptible to sedation. It advises caution for people with compromised breathing, including sleep apnea. It also lists possible reactions that run counter to the intended calming effect, including agitation, hostility and aggression.

The olanzapine label says the drug is not approved to treat dementia-related psychosis. It warns that older people with dementia-related psychosis who receive antipsychotics face an increased risk of death and describes cerebrovascular events, including stroke, in trials involving such patients. Those warnings are not evidence that medication caused a particular patient’s illness or death. They are reasons to weigh a proposed treatment carefully, rather than treating sedation as a routine answer to agitation.

Nor does a warning mean medication is never warranted. Lauren Gerlach, a geriatric psychiatrist and associate professor at the University of Michigan Medical School, told KFF that some people’s behaviors are severe enough to require it. The question is what need a drug is intended to address and whether its benefits outweigh its risks for that resident.

What happened when Tingley’s sons questioned medication?

Tingley had moved into Vista Grande’s assisted living unit in 2021 and its memory-care unit in 2023. By December 2024, the facility was seeking her sons’ permission to medicate her after the incidents involving aides. The brothers, who shared power of attorney, worried about side effects and wanted the infection checked.

After doctors confirmed the infection, the family authorized lorazepam as needed and later allowed a low dose of olanzapine, according to KFF’s account of records and interviews. Their objections were not a refusal of every medication. They continued to dispute the facility’s insistence on using drugs to manage her behavior. Staff gave mixed accounts of whether lorazepam calmed her; records also described her as still yelling and very agitated.

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The facility said in a court filing that Tingley was a danger to herself and others, described its recommended medication as routine and said it sent her to the hospital because her family would not permit treatment on site. Her sons disputed the need for the drugs. Mark Tingley told KFF Health News, “These pills have side effects.”

The pressure on the family was concrete. Vista Grande charged Tingley $9,150 a month for memory care, according to the lease KFF reviewed. After four emergency-room trips, it gave her a 30-day eviction notice. She went to the emergency room four more times while her family arranged another placement. She died at a different facility in January 2025; KFF reported that the cause of death was plaque buildup in her brain, a hallmark of Alzheimer’s disease. The account does not establish that the medications contributed to her death.

What can care providers try before sedating a resident?

An assessment can begin with a basic question: What might the person be trying to communicate? Checking for a medical problem, pain or an unmet need may reveal a different response than medication. In Tingley’s case, the infection check found a condition that needed treatment, even though the available account cannot tell us how much it explained her behavior.

An older resident meets with a relative and care professional in a quiet room.

Care routines matter, too. Gerlach told KFF that identifying underlying medical issues and avoiding situations that upset someone can sometimes address behavior without drugs. That approach does not require staff to ignore danger. It asks care providers and families to examine when incidents happen and what might make necessary care less frightening or distressing.

A resident’s ability to express discomfort or preferences should be part of that conversation whenever possible. Family members can ask what was observed, what non-drug approaches were tried and what changed afterward. If medication is used, its effect matters: a resident who is quieter but remains distressed has not necessarily had their need met. Tingley’s records, with their conflicting descriptions of lorazepam’s effect, show why the answer cannot be assumed from the fact that a drug was given.

There is no guarantee that an infection check or a change in routine will make medication unnecessary. The difficult decision is whether a drug is addressing a serious symptom or substituting for a closer understanding of the resident, while also keeping workers and other residents safe.

Who oversees sedating drugs in nursing homes and memory care?

The rules depend on the setting. Federal nursing-home guidance bars chemical restraints used for discipline or staff convenience rather than to treat medical symptoms. It also requires residents’ drug regimens to be free of unnecessary medications. Those nursing-home provisions should not be mistaken for rules that automatically govern every assisted living or memory-care facility; KFF reports that assisted living is regulated by states.

The Centers for Medicare & Medicaid Services promotes person-centered and non-drug approaches through its nursing-home dementia-care initiative. Yet oversight remains consequential. In March 2026, the Department of Health and Human Services’ Office of Inspector General reported examples of antipsychotics used for staff convenience and failures to uphold safeguards during 40 focused nursing-home inspections. Those inspections identify problems; they are not an estimate of how often they occur across all facilities.

Tingley’s sons sued Vista Grande and its director, alleging, among other things, wrongful eviction and emotional distress. The defendants denied the allegations, and a judge dismissed the negligence claim. KFF reported that a trial on the remaining claims was scheduled for early 2027 if mediation failed.

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