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lorrainegul Asked July 2010

Can the private assisted living facility throw my mother out after she runs out of money?

debdaughter Aug 2015
man we know with a traumatic brain injury ended up having to have an emergency colostomy, placed in a NH for rehab only, without being told about his TBI; however, since it was just for rehab they dealt with it for the length of time he was supposed to be there, but obviously, because of the TBI they weren't really able to rehab him and they felt he really needed to stay in a place like that long-term but they weren't willing/able/equipped to handle him because of the TBI and family had actually deserted him, so they said they could turn him over to the state - that got the family there

Baffa25 Aug 2015
When a person is of sound mind and just needs some assistance this is another disgusting way we treat people, particularly elderly in the U.S.

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MaggieMarshall Aug 2015
Yes, an assisted living facility can evict mom if she can't pay. It'll take some time, but they most certainly can.

JBrown, the AL facility probably determined his needs exceeded their capabilities.

Baffa25, probably same answer for you. The ALF isn't equipped to handle her.

Baffa25 Aug 2015
If someone is a resident in assisted care for 2 yrs. and then they run out of funds and are on Medicaid is the facility required to keep the individual (in NJ) or are they just required to suggest other places. A family member is not nursing home ready (very sharp mind, weaker body but not ill) and that is what they are pushing.

jbrown30107 May 2011
My father was thrown out of an assisted living facility in Greentown, IN. Like most, they sent him to the hospital then told me that he could not come back. The only reason they would give me is lack of funds. The issue is that father has the funds and I can prove it. I believe Indiana law requires an assisted living facility to provide the reason for eviction in writing (which I never received). When I admitted my father, the in writing requirement was written in their patient bill of rights. I estimated that my father could pay for Long term care for 5 years. I haven't even considered his $41,562.12 retirement funds in my estimate. Can they do this??

vali1712 Apr 2011
Behavior or I should say uncontrolled behavior who can put the person itself and others around in danger it is a good reason to be asked to go into locked Alzheimer Care unit. They should also, check the reason behind, it is require by the law, at least in Wa to do everything you can before any transfer. Sometimes, untreated infection, like UTI, pneumonia or pain attention seeker,etc can cause disturbances in their behavior.So, they should report to the RN or MD not to you. The problem is, in most ALF is 1 caregiver per 15-20 Residents. It is no time and fair for rest of the Residents to spent with just 1 Resident trying to calm him down, redirect them, etc. From my understanding, the caregiver maximum time to spent with 1 person is about 15min. Maybe he will do better with one on one care and that's what he needs, if he can afford.

law6126 Apr 2011
Brother in ALF with dementia. He is hard to handle. ALF threatening to throw him out "on the street" if his behavior continues. Is this legal? He has no where else to go

law6126 Apr 2011
brother has demenia. He is not easily controlled. Assisted Living Facility says they will "throw him out" if he keeps causing problems. Is this legal? He has no where else to go. Are they required to transfer him to state facility? thank you

LynnPO Jul 2010
Lorraine: I have 3 points to make:
1. To find out for sure, you really need to talk with the business office at the Assisted Living facility (ALF).
2. Find out what their criteria is for "assisted living", e.g. what conditions mean that your mom needs TOO MUCH help and must move to a nursing home?
3. Learn about medicaide or state aid for your mom NOW. It can be complicated so you don't want to wait until the last minute to learn details, especially if she's given away any assets or valuables lately.

Each ALF is different depending on the parent company - keep in mind these usually are FOR PROFIT organizations. Once her funds run out, she'll probably qualify for state aide (medicaide or medicaid). Medicaid will require that any monthly income received by your mom is paid to the ALF then they'll pay a supplemental amount to the ALF. Generally, if an ALF accepts medicaid residents/patients, they will require that she share a room with another medicaid resident.

Sometimes an ALF will tell you that they'll keep someone but once that person goes on medicaid, the ALF finds a reason to send him/her to the hospital then tell the family that they had to rent out their room. I've heard of this happening at least 5 times. ALFs have a huge profit motive and would rather push the patient on the hospital than try to help a family find another place to go - not all do this but it all depends on the staff and managements push for profit. Any hospital cannot legally discharge a patient without being certain they will get the help and care they need. So, if your mother ends up on the hospital, the social services staff there must help her find a suitable place to live.

I've painted the worst case scenario but remember it may not be that bad. Without knowing whether her ALF will accept medicaid you will really just get stressed for no reason. Ask these questions THEN begin to worry if necessary. I hope they'll find a way to work with her. Best of luck.

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