at 10:44 pm #794
Can an assisted living facility “evict” an aging resident? If so, under what circumstances can they discharge the resident? How much warning does the resident (or family) receive? Is the staff required to help in finding other living options?at 10:47 pm #795
The short answer is yes, they can evict. (Before you enter into a legal contract with the facility, find out what the circumstances or conditions are that will lead to an unwanted discharge.)
The reasons vary widely from state to state. In California, some common reasons for evictions are:
1) change in level of medical or health care needs (i.e., an open wound—decubitus ulcer, bed sores ) for which the care facility can no longer provide
2) failure to pay for the care/services provided; (check the lease or residency agreement you signed with the facility on what happens if funds run out; is there any financial assistance?)
3) failure to follow state/local law (i.e., drug use, assault);
4) failure to follow facility polices; and
5) facility changed its purpose (re-purposing facility to something different).
Another reason residents are asked to leave is due to changes in their behavior. For example, when a resident threatens to harm others in the facility or becomes verbally or physically abusive. All facilities take aggressive behavior that endangers the safety or health of families, staff, or other residents very seriously.
Another reason: the assisted living facility closes or the resident no longer needs the services provided by the facility because of improvement in their health.
Your first step would be to meet with the individual who made the discharge, explaining your position (if it is for nonpayment, ask about other payment options or a reduction in rent). If, after the meeting, the problem still isn’t solved, check with your state licensing department or agency to (1) see if there is anything the licensing agency can do on your behalf and (2) request a copy of all guidelines governing discharges and appeals. You might also check whether your local landlord tenant laws can be used to fight the discharge.
Generally notices of discharge must be given to the resident or his or her legal representative, but contact your state Department of Public Health (may also be called Department of Health Services, Department of Health and Welfare, or Department of Social Services) for specifics regarding the law in your state.
Usually social workers will get involved in helping with a transition to another facility.
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