Can my disabled brother legally be kicked out of assisted living?

I would like to add my brother is a very meek and mild even though he is huge, dirty, and talks to himself. He keeps to himself and seldom leaves his room in the group home. But if he goes off his medication, he gets surly and threatening, because to him (he has schizophrenia and is bi-polar) everyone is an enemy. A couple of times the people who run the place have told me he may have to be placed elsewhere, if another group home won't accept him they will find him a cheap efficiency apartment or even a pay-by-the month motel room. They will arrange for someone to 'check up on him' once a day and make sure he's taken his medication. GOOD LUCK WITH THAT. They said they have put up people who are FAR FAR worse in these kinds of rooms, they can't be trusted to live peacefully in a sheltered environment. .... Still hoping there will be continue to be various kinds of funding so he will be able to stay in his little place, he is about 60 and if he ever had to leave, he would probably die in a doorway or something.

Our county has a community workshop where people like your brother go to *work* every day. they do very simple tasks like screwing nots on bolts what ever they are capable off. They are picked up and returned to their home by special bus. There is also a residential facility actually run by the adjoining county for the most severely mentally disabled when they can remain till they die. They can even have hospice right in the facility. In addition many private homes provide accommodation for the mentally disabled usually fairly high functioning. occupants usually have single or double rooms and share a living space with the family. Usually about 4 to a home and the homeowner decides which residents she wants. If they become unruly the county is notified and they are placed somewhere more suitable. This program is very closely supervised and the caregiver must keep detailed records and is regularly visited by a RN and MSW. Residents frequently stay till they die and also have hospice in the home. They are also taken daily to a daycare program even if they are bedridden. One teenage girl was totally dependent and could not even speak but she was wheeled onto the bus every day. She had been badly abused as a todler and left with horrific brain damage but was otherwise healthy. many of course have no family or if they do frequently have little to do with them. It is a rough world out there for the mentally disabled but there are some rays of light.
Another joining county has a whole village with cottages where the residents live with houseparents. The youngest ones go out to the regular school which of course puts a huge burden on the local school district while the older residents are kept busy with workshops

No but maybe.
Even if the building is being sold, it's sort of like "squatter's rights," and quite often the new owner is not allowed to evict.
Time to ask an attorney.

oops, forgot to mention, you and whoever else is involved in his care might have to kick in money to keep a roof over his head. People in group homes often have someone pay out of pocket - like YOU - (or they get some disability, Medicaid, Medicare, Catholic Charities - a whole network who cobble together monies to keep a disabled person safe and sheltered). My relative is severely ill but so far has been able to live in a group home for some years. He gets meals and medications handed to him twice a day. Any extras, like clothes, extra foods (snacks, cold cuts), cable tv, boom boxes, soda, new sneakers, meals out on holidays - that expense is covered by ME. He is lucky that I have the money to spare. More and more, as the social network is ravaged by the monsters in Washington, this kind of thing will fall to the family, to charities. Already they are de-funding Planned Parenthood and Meals on Wheels, to make money elsewhere for someone, and very few fat, juicy factory jobs have come flooding back. So, be prepared to shell out for your poor brother. Good luck.

You cannot 'take him in'. You can. Not. Don't let them strongarm you. AFAIK they are not YET putting people out on the street. (In this ugly Trump world, I would not be the slightest surprised someday to see this, when all the programs end and there is no more money for the disabled, the helpless. Republicans need all the money and don't care if normal ordinary people die). Call APS, call his doctors, start researching where else he might go, and how they will be paid, but if you can't take him in they will have to find somewhere. Good luck. I think in the near future all of us will be suffering immensely, but right now you and your brother still may have a chance.

We faced a somewhat similar situation with an elderly LO when we took a call to arrange pickup to our care. After discussing with the state ombudsman, used these words: "unsafe discharge." You do not have the capacity to care for your brother and he cannot care for himself. The discharge is unsafe. Some other arrangement, set up by the home in conjunction with you as POA, will have to be put in place. But discharged otherwise is "unsafe."

Have you discussed your concerns with his Medicaid Case worker? I can't imagine being the caregiver for two parents with AD AND the POA for a sibling with cognitive decline and alcoholism (you said he was previously in sober living, right) from another state. I'd consider what is really reasonable for you to manage.

If the facility is closing, then, they'll issue notice of that. Plus, if he's been having problems, it might be a good time to evaluate if he needs a higher level of care.

given your situation, I personally would not go on rumors alone. Wait for the eviction letter, and don't let the workers pressure you into taking him without an official eviction notice. Meanwhile, I would suggest like others suggested here and call the APS and explain the situation. It sounds to me like if there's any truth to this, they're just cleverly trying to get rid of him, and selling the home is how to do it without an official eviction notice. You can also contact your state civil rights commission and you can also contact access advocates to see how they may be able to help your situation. I don't know if access advocates deals with more than wheelchair situations, but Hank may have some ideas, just ask him.

If you are moving to another state, I suggest you let APS know so they can make him a ward of the state that he is in.

Have you looked into the ECF (Employment and Community First)program? He should qualify since he had a brain injury. That would provide a lot of support for him.
If he has Tenncare, contact his MCO for assistance.

I would speak to his doctor and social worker to see what they can do to truly asses his needs. He might need a higher level of care and need to go somewhere else. Call a meeting with his care team to see what is going on with the possibility of the house closing down. In a perfect world, we would like unlimited means but let everyone know that you don't have a lot of means to move him. You have your own family that needs that money to keep a roof over your heads, good on the table and clothes on your back. Yes your husband, kids and you get first dibs on that money that you both make.