The process of moving into an assisted living facility is typically a lengthy one. Older adults and their family members often research thoroughly to find the right facility. Factors including price, proximity to loved ones and services may influence the decision about which long-term care facility is the right choice.
Once people settle into an assisted living facility, they often expect to spend the rest of their lives there. Unfortunately, older adults who have adjusted to a new daily routine and developed relationships at an assisted living facility may receive an unexpected notice.
Assisted living facilities sometimes discharge residents who expect to live there indefinitely. They determine that residents belong in a different type of facility and insist that they leave relatively quickly. Those facing forced removal from a long-term care facility may need legal support to remain there, and that’s okay.
How can people in assisted living protect their right to stay where they are?
Evaluating the discharge notice
Some facilities try to get residents to leave of their own volition to empty a bed that can command a higher price when signing an agreement with a new resident. Long-term care facilities generally cannot force residents to leave unless there are special circumstances.
Typically, nursing homes and similar facilities have to meet specific legal standards to discharge residents. The grounds for discharge include an inability to meet the resident’s support needs, improvements in condition that make long-term care unnecessary, danger to other residents, the end of business operations or the failure to pay facility costs.
Validating support needs
Frequently, attempts to terminate assisted living leases relate to care requirements. Facilities may insist that certain residents have support needs beyond what the facility provides. In such cases, undergoing an extensive medical evaluation to validate the degree of support required can be beneficial. Older adults may be able to show that they actually require support that does not exceed what the facility promises to provide. They can potentially prove that the circumstances do not meet the legal standard required for an involuntary discharge from the facility.
Learning more about how to respond when facing the possibility of a sudden relocation as an assisted living resident can be beneficial for older adults and their loved ones. Those attempting to fight removal efforts while dependent on assisted living services may need help learning about and asserting their rights, which is a wholly reasonable concern. Thankfully, seeking personalized legal guidance is always an option.