What Happens When My Parents Keep Getting Kicked Out of Nursing Homes?
The transition to an assisted living arrangement from living independently is not always easy for seniors. While some seniors embrace their new situation, others tend to be difficult and cause problems for the facility staff. But did you know that it is not legal to simply kick someone out of an assisted living facility? If you have parents who keep getting kicked out of their living arrangements, then it is time that you learned how to protect them and yourself.
Reasons for Eviction
The complete list of legal reasons for evicting residents of an assisted living facility varies from state-to-state. However, the general rules for any state are that a resident can only be evicted if:
- They are not paying the monthly fees
- The level or type of health care they require can no longer be provided by the facility they are in
- They are a serious threat to the staff and other residents
- There is evidence that they violated the terms of their resident contract
- The nursing home is closing its doors
Notice that the idea of being a difficult resident is not on that list. Your parents have rights when they enter into an assisted living facility, even if they are not always easy to get along with.
The Process
Just about every state has laws against immediately evicting a resident from an assisted living facility. These laws are in place to protect residents and to force facilities to work with troubled residents and provide accommodations for everyone who qualifies for their services. The process starts with the facility showing written proof of a violation on the part of the resident to the resident’s family or guardian. Facilities must comprehensively document the reasons why they are discharging residents per state laws.
The written notice usually has to be delivered prior to eviction. If a resident is still waiting for their Medicaid application to be approved, they cannot be evicted. All residents, regardless of the reason for eviction, have the right to appeal.
What Should You Do?
If your parents are being threatened with eviction from their assisted living facility, then you should contact an experienced elder law attorney immediately. The Mattar Firm can represent your family during the eviction process and try to force the facility to mediate an arrangement that works to everyone’s benefit.
Our caring elder law lawyers are ready to help you present your appeal for your parent’s assisted living facility eviction. The Mattar Firm knows the laws and we are ready to put our team to work protecting your parent’s rights.