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csteakley Asked August 2020

Can you break an assisted care facility lease because elderly mom needed a higher level of care due to dementia?

In Texas.

Babs75 Aug 2020
The ones I've dealt with are month-to-month with only a 30 day move-out notice.

Riverdale Aug 2020
Well without too much information and not trying to treat this lightly how could you be expected to honor a contract if resident should pass on. I believe the most one could be held responsible for would be the duration of the month. That is certainly the most ethical not that all AL facilities are that but yes try to research the contract if possible or ask to speak to the director of admissions who at least on the surface seem to be pleasantly professional and often can truly be such.

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AlvaDeer Aug 2020
All ALFs have their own rules. I wasn't even aware any had leases. My brother's did not. In fact after his rooms were cleaned out 1/2 the months rend was returned. Read the lease that your Mom has. Speak with administration if you have no copy at hand.
Riverdale Aug 2020
Same happened with the facility my mother was in,in NY. We were shocked since most previous experiences was about money and ways for them to retrieve more and more.
Grandma1954 Aug 2020
If the facility she is in has a Memory Care chances are you will be able to transfer her to MC without a problem.
Check the contract that you should have a copy of.
I am surprised that this is not a discussion that the facility brought up first. They would generally see a decline by way of the resident needing more help more often and this would be brought to the attention of the family. This would be something that is for safety both for the resident and the liability of the facility in not addressing this.

Isthisrealyreal Aug 2020
Most places have a clause in the contract for this very situation.

Read the contract and send a certified return receipt requested letter explaining that they can not meet the level of care required and due to that fact that you have had to move your loved one to a facility that can meet her care requirements. State specifically that she will not be returning to their facility due to increased medical care requirements that they can not meet.

It is truly amazing the level of deception that "care" agencies, forums, facilities will stoop to over the almighty dollar. Do not let them bully you because they can not meet her needs.

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