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he has suffered from a stroke and cannot control his emotions so he yells a lot and disturbs the other residents so now we have been given a 30 day eviction notice

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Absolutely not! He cannot get evicted just because he screams out. Contact the local Independent Living Center. They will advocate for him. Do it asap!
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You have the right to appeal the eviction. Contact the ombudsperson, as they know all the rules and all your rights. They can also guide you through the appeal process. My experience has been that nursing homes are afraid of the ombudsperson, because they know where and how to properly report the nursing home to get results. My nursing home was "building a case" to throw my mother out, too. (They're such snakes.) Now she is on Depakote and Buspar, and is doing much better. Buspar is another drug that helps your mood, but does not "zombify" the patient. I would ask about getting him started on one of those drugs, if you can trust the NP, and I would immediately tell everything to the ombudsperson. Alternatively, this could be a blessing in disguise. If they are evicting him because he yells, they clearly cannot handle his behavior. What other deficiencies do they have? Maybe you could do better. I know this is stressful. When it happened to me, I was so upset my hair fell out, but it has passed, and it turned out fine. I wish and pray the same for you.
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The original poster never returned that I can see, leaving this thread ripe for those promoting themselves and their work on AC.
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It might be good to note that this post was renewed by ElderAdvocate1 after being dormant from 2011, and after the question was already answered then.

Veronica, I might have seen Pamstegma awake this morning, already, but disquised as a cute racoon! Even though racoons come out at night, I think Pam's was out this morning in the daylight.
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My friend's friend was crying out in pain at night in assisted living. It disturbed the other residents, who complained. She clearly needed more care, and was asked to leave. If a person needs more care, their loved ones should not wait for an eviction notice to get them more care. Imo.
Then, there is the rare occasion that someone in any kind of living facility or even a neighborhood, needs care or something that is a nuisance to the community, temporarily. Kinda like when your teens have a loud party while you were out.
These situations should not lead to an eviction, imo.
If the facility treats a condtion, they should have the skills to deal with almost anything. If they cannot, maybe the patient is not getting the proper care, and should be placed in a better place. Anyplace with care meetings should be able to address these issues, bring it to the attention of family or POA, who should cooperate with reasonable care needs.
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Are you awake this morning Pam Stegma?
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Long Term Care Ombudsman are totally useless and powerless in most nursing home problem situations, but especially in eviction cases.
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In most states they cannot, legally, discharge your parent without ensuring that he will go to a facility that will meet his medical needs. Carol is right about assisted living - they aren't bound to the same rules as a nursing home. To understand the laws in your state, your local Area Agency on Aging should also be able to tell you about legal implications of their demands. Good luck to you and to him!
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I agree, if you have a good doctor they will treat her for a possible UTI without a culture. My Moms urine always came back negative yet a week on amoxicillin cured her temporary attitude. I do not agree with the cocktails as listed above, those sedate and constipate terribly and make them unsteady on their feet. As I mentioned "depakote" is usually a neurologists first choice and not tooooo much, works like a charm.
Best of luck to you, if all else fails, take her home and have home care to help you out, thats what I do, Moms with me and will be forever.
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I'm a medical professional. I have seen your problem before and I actually went through it myself with my mom.So I know what your going through.I like to state that all nursing homes are looking for that little old lady who doesn't cause any problems or trouble.This is a buisiness like any other and don't forget that.The stuff they feed you in their pamplets is simply expectations they can't owe up to. They never have enough staff or time period.Only the minimum state required.The care and compassion on a scale 1-10 is 2 and that is for most nursing homes.What gets me is that dementia can progress into all forms of attitudes within your loved one.Now if your loved one hasn't been doing this you may want to make sure he doesn't have a Urinary tract infection.UTI affects the elderly's mind to the point were they go crazy.Thats what happened to my mom.That is a must rule out issue.Nursing homes are full of crap so don't expect no more.His screaming is just making the staffs job more hard to deal with.If you let them sedate your love one with their cocktails of zyprexa,ativan,lithium,lexapro,gabapentin,and a couple more of these chemical restraints they will let him stay.Thats what they wanna do anyway.I will say this if the place knew that your loved one was having any outbursts upon admission 9 times out of 10 they would of denied them entry. Yelling is a no no even though its a symptom of dementia.And they have the nerve to advertise that they have units especially for them.BULLCRAP!!!!
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It all depends but yes they can pursue in a safe manner to remove your loved one.They do have rules to follow remember that.We are talking about sick people.They "can't" throw him out thats against the patients rights. Please review their book guidelines.Now, If the patient is combative and shows hostility to other residents.Meaning harm then that is a reason for them to pursue eviction.Or they can't handle your loved ones illness because beyond their means.Or even if he has no money.HOWEVER like I said they just can't put him out on the streets.They have to make sure that he has a SAFE haven to go to and a SAFE trip getting there.And believe it or not you do have some say were he goes like if you don't like the place they chose then they got to keep looking in a timely manner.They have rules to follow but if they don't have a place for him to move to then they can't put him out regardless of the problems.PERIOD!!Get a lawyer because i smell a lawsuit if they do.
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No. I don't believe they can! As Carol said, you should contact your longterm care ombudsman. When I placed my dad in a home, they also gave me a list of patient rights. You may want to check what yours say. But, it almost sounds like they don't know what they are doing where your dad is at. This type of behavior is very common in elderly with dementia or other issues. Sounds like they don't know how to handle it, which is concerning because you want him to be getting the best, most compassionate care possible.
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Does it not depend on whether or not you are on Medicare or Medicaid? If on Medicaid, I understand that you could be kicked out if that home does not accept Medicaid. Correct me if I'm wrong!
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Hi there, dont panic. I have seen this so many times at the Daycare my Mom used to go to and its normal, and controllable. My Mom suffered a stroke also, (cerebrel hemmorage ) and began this intense anger, hitting and aggitated beyond belief! I took her to a Neurologist and they put her on a medication safer than most, called depakote. I have her on half of what they wanted her on and she is fine! My morning helper (cna) had a patient who was given a notice at daycare and once on the medication for 2 weeks she was told she could stay. Dont worry, its ok and can be resolved. You just dont want him drugged so much he hangs his head like a lot of nursing home patients. They do sleep more until their body is used to it, but he wil be just fine. Please get a neurologist to prescribe for him, we get it in sprinkle form and I mix it with puddings 2x a day.
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Hi zavala,

There is an article written by an AgingCare.com Editor that was already posted in our community. We thought this might answer your caregiving question.

Can my parent be asked to leave assisted living because of bad behavior?https://www.agingcare.com/Answers/assisted-living-evicting-residents-142122.htm

We hope this helps. Please let us know if you need anything else and we look forward to seeing more questions and discussions from you.

Thank you,
Karie H.
The AgingCare.com Team
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I have never run into this in my community, but I have heard of others who say the same thing. Is your dad in a nursing home or an assisted living facility. That could make a difference. I'd suggest that you get in touch with the long term care ombudsman in your dad's location. If you go to www.ltcombudsman.org you can type in the Zip code. You can also find this person on your state website. They are there to help you with this type of situation.
Good luck,
Carol
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