Esther C. Kane, C.D.S.Do you remember the episode on Everyone Loves Raymond where his parents moved to a 55 plus community and they ended up getting kicked out because of their behavior?
Well, sadly that happens in real life too. My friend’s mom is one of those people who keeps getting kicked out of assisted living facilities. Ever since she moved from her independent living apartment she has been to at least 5 assisted living facilities in the last 18 months.
My friend just wants a good quality long-term care facility for her mother, but every place they go, she seems to eventually get kicked out or asked to leave.
She keeps having to move her mom around from place to place because of her inappropriate behavior and refusal to cooperate with the staff. It’s so exasperating trying to find the right fit for her. Most places she’s been at won’t take her back because she’s caused so many problems.
It really breaks my heart to see this happen, especially since in this case it’s all due to mental health issues that have never been properly dealt with. It’s a difficult situation and one that often gets overlooked in the elderly care system.
My friend is doing her best to care for her mom, but there isn’t much she can do when the facility won’t accept her. She’s often on the search for a place that will meet her mother’s needs and accommodate her.
Are you in this situation too?
Are you tired of seeing your Mom get kicked out of assisted living (or nursing homes) and not knowing what to do? Well, in this article I’ll go over some of the reasons this is happening and what can be done about each one.
The Legal Side Of Things
Assisted living facilities must follow their state laws, regulations and guidelines. It is important to understand the legal rights and responsibilities of both the resident and facility before signing any contracts or agreements.
State law typically outlines the minimum requirements for the safe operation of an assisted living facility. These laws cover topics such as health and safety standards, patient rights, confidentiality, and staff qualifications.
It is important for both residents and facilities to understand their legal obligations in order to ensure a safe environment for all parties involved. All assisted living facilities must abide by the applicable state law in order to remain compliant with regulations and protect their residents.
Most states require that assisted living facilities provide a written disclosure outlining all services, fees and policies associated with their services. Residents also must be aware of their rights as outlined in federal laws such as The Fair Housing Act, The Americans with Disabilities Act, and The Nursing Home Reform Act.
I would urge you to check the section in your contract about Involuntary Transfers. If possible, have an elder law attorney go over it with you.
Legally, when a facility has decided that a particular resident can no longer be served in their community, they usually have to provide an advance notice. This is usually a written eviction notice 30 days or more before the discharge date.
Also, if your mother is waiting for her Medicaid application to be approved, she cannot be evicted until that written notice is delivered.
In this notice they have to outline specific reasons why they are evicting the resident.
If you do not agree with the reasons the facility is giving you then you can certainly set up a meeting to discuss your concerns and see if they can help. If a resolution cannot be agreed upon, then you have the right to appeal this decision or move to another facility that is able to meet your needs.
Can You Dispute The Eviction?
The legal answer, unfortunately, is that it depends on your state’s regulations. In general, if you are unhappy with the eviction process, there may be legal action you can take to dispute the eviction.
Many states require that certain steps must be taken before an assisted living residence can evict a resident. If any of these steps were not taken, you may be able to challenge the eviction in court.
It is important to understand your rights and legal obligations as a resident, so it is always best to talk to an experienced attorney before taking legal action.
Additionally, you may want to consider discussing the situation with your assisted living residence or speaking with an elderly law attorney or filing a formal complaint about the eviction process.
Depending on the state regulations, there may also be legal assistance or organizations that can help you with your dispute.
What Is The Long Term Care Ombudsmen Program?
The Long Term Care Ombudsmen Program is a legal resource for residents in assisted living facilities. It helps people who have experienced unfair or inappropriate treatment from the facility and are looking to take legal action.
The program aids residents by providing legal advice, intervention and advocacy on their behalf, as well as helping them understand state regulations that apply to their housing situation.
The long-term care ombudsman program is required by law in every state, and investigates complaints within the system that includes assisted living, nursing homes, and memory care communities. A complaint may include unlawful evictions.
dementiacarecentral.com
Possible Reasons Your Mother Is Getting Evicted From Her Assisted Living
When you see your mom getting kicked out of assisted living, it can be heartbreaking and confusing. You may be wondering why she’s being evicted from the place where she was supposed to get the good care and support she needs.
After all, the idea of her moving there is that it will become her own home. A place where she can grow older safely and comfortably. But, things don’t always go as planned.
The truth is that there could be a number of reasons why your mother is being asked to move out of her assisted living facility.
There are several possible reasons and they could include any of the following:
Inappropriate care plan by the facility – It could be that during the evaluation process, the facility wasn’t thorough enough or your mom (or the family) weren’t completely truthful with the facility. This creates a poor care plan that won’t be able to meet your mom’s needs.
Behavioral issues – this can include agitation, aggression, and even verbal or physical altercations towards other residents. She may also demonstrate disruptive behavior such as excessive noise or wandering. And she may also be non-compliant with the facility’s rules.
Medical conditions – If your mother has a medical condition that is making it difficult for her to live in an assisted living facility, then the staff may not be able to provide her with the care she needs. This could include things like special medical treatments, assistance with activities of daily living, or even extra support to manage her condition.
Dementia or Alzheimer’s – If she has dementia or Alzheimer’s, then her behavior can become unpredictable and possibly disruptive. This could cause her to wander off in search of something familiar, or make too much noise when it’s time for everyone else to rest. This can create a dangerous situation for all involved and necessitate her removal from the current facility.
Unpaid bills – Although the goal of an assisted living facility is to care for it’s residents, it is at the end of the day a business. And as a business it has to collect payment from its customers in order to keep operations running.
If your mother continuously fails to pay the bills, then it can become difficult for her to stay there as she will be unable to fulfill her contractual obligations.
What Can Be Done About Each Of These Situations?
Let’s go over each one of these 6 issues and look at some possible solutions.
What To Do About Poor Care Plans
The fault for poor care plans can be the facility or your mother or the family. So, the solution has to be tailored to the cause. If it’s a facility issue, consider hiring an elder law attorney to help you work with the facility to create better care plans.
If it’s your mother and/or family, consider having discussions with the assisted living facility to discuss what can be done to correct the issue.
It’s not necessarily that it was an intention deceit on your part, there are many issues that seniors and family members have to tackle with when it comes to moving mom into any type of facility.
As an occupational therapist working in the field of geriatrics, I heard thousands of family members say that their biggest mistake was not doing the move sooner.
What To Do About Behavioral Issues
Difficult behaviors are often a sign of underlying issues such as depression or anxiety. Speak with her primary care doctor about any possible mental health issues she may be facing and consider the possibility of getting her professional psychological help.
Behavioral problems are the most common reason for a resident being asked to leave an assisted living facility. If your mother is exhibiting unruly or socially inappropriate behavior, it’s important to take action as soon as possible.
The reasons behind this could be:
- onset of dementia or Alzheimer’s disease
- reaction to medication
- depression
- anxiety
- chronic pain
- poor sleep
- or perhaps she has always been this way
Here are few potential strategies for managing her behavior:
- Talk to her healthcare providers and other professionals who may be able to help you identify potential triggers for her behavior.
- Develop a positive reinforcement system that encourages desirable behaviors and rewards your mother for them. (a psychologist or counselor can help you with this)
- Consider medication if appropriate with consultation from her doctor or psychiatrist.
- Make sure she is getting enough mental stimulation by engaging in activities both at the senior living facility, as well as outside of it.
- Contact an elder law attorney for advice on how to protect your mother’s rights in this situation. They can provide insight and guidance so that you can take the steps necessary to ensure her safety and well-being.
- Find support in your family and community to help you manage her care. Having a network of people who can provide assistance will help make the transition smoother for all involved.
Ultimately, managing behavior issues in assisted living is about finding a balance between providing the necessary care for your mother and respecting her independence and dignity.
Doing some research and consulting with professionals will help ensure you are making the best possible decision for both her health and safety.
If all else fails, consider other living options such as in-home care or a nursing home that is better equipped to deal with difficult behaviors. This can be an overwhelming process, but it is important to remember that you are not alone and there is help available.
Reach out to your local senior services office, a geriatric care manager or other professionals who can provide advice and resources on what to do when a loved one is being kicked out of assisted living due to behavioral issues.
It may be difficult, but with the right support and guidance, you can find the best possible solution for your mother.
What To Do About Medical Conditions
My sweet mom-in-law lives in an assisted living facility and she is declining physically and cognitively. She is now unable to care for herself or even feed herself.
The facility is not equipped to care for her needs so the family decided to hire a private aide that cares for her 24/7. It’s an expensive decision but it allows us to keep her in her apartment vs. moving to another facility or nursing home.
Evictions top the list of grievances about assisted living received by long-term care ombudsmen across the U.S. In 2016, the most recent year for which data are available, 2,867 complaints of this kind were recorded – a number that experts believe is almost surely an undercount.
cnn.com
Without that private care, the facility would have no choice but to evict her. Hopefully, she will not require medical equipment at any point because it may not be financially feasible for the family.
When it comes to needing medical care, it’s important to choose a living situation that can provide this type of care, if and when it’s needed. This usually means a skilled nursing facility. Also, skilled nursing facilities provide full care for dressing, bathing, feeding, etc.
Assisted living facilities can be an excellent choice for those needing a bit of help with their daily activities but who don’t yet need medical intervention.
The staff at assisted living facilities are trained to provide personalized attention during meals, help with bathing, dressing and grooming, and even provide assistance with medications.
However, if your mother’s medical condition has deteriorated to the point where she is no longer able to live in an assisted living facility safely, you may need take the recommendations of the staff that she become a nursing home resident.
What To Do If Your Mother’s Dementia or Alzheimer’s Has Progressed?
If your mother is suffering from dementia or Alzheimer’s disease she may require constant supervision to help keep her safe, especially if she wanders.
Not all assisted living facilities have the staff or the environment (a memory care unit or locked ward) to protect your mother and the other residents.
The best action to take in this instance is to find a housing solution that can help her in her current condition. This is usually a memory unit.
What is A Memory Unit?
A memory unit is a specialized care facility that specifically caters to people with dementia and Alzheimer’s disease. It offers both short-term and long-term support, depending on the needs of the individual.
Memory units have highly trained staff who are equipped to handle all types of medical and personal issues associated with dementia or Alzheimer’s. They provide 24-hour care, individualized treatment plans and activities to help keep residents engaged and healthy. They also strive to maintain a safe environment (free from falls, wandering, etc.)
Memory units are a great option for families who need support for their loved one but don’t want them in a traditional nursing home or locked ward. By providing a safe, secure and stimulating environment for their residents, memory units help to keep individuals with Alzheimer’s or dementia active and engaged.
Not only does this provide them with the essential care and supervision that they need, but it also gives family members peace of mind knowing that their loved one is receiving quality care.
What To Do If You Can’t Pay The Bills
It’s important to remember that assisted living facilities aren’t only for those who can pay out-of-pocket. Many facilities provide financial assistance, such as Medicaid or long-term care insurance, to help you cover the costs of a residence.
If you need more support than your current resources are able to provide, look into local nonprofit organizations and government services that may be able to assist. You can also look into grants, scholarships and other forms of financial assistance available specifically for assisted living facilities.
Finally, consider asking family or friends if they’d like to contribute, either through a loan or gift of money. This can often help bridge the gap between what you can afford and what the facility charges.
No matter the situation, it’s important to talk with the residence and be honest about your financial situation. They may have options available that you weren’t aware of or could help negotiate a payment plan that works for both parties. With some creative solutions and research, you can find a way to pay the bill.
If there are no other options and your mother has to leave, consider contacting your state’s social services agency for information on who may be able to help.
If a senior does not have close family who can help, the state’s Social Services agency or an Area Agency on Aging may be able to help. This could include things like home care, meal delivery, social worker check-ins, and occasional transportation to appointments and shopping.
alexiseniorliving.com
List Of 11 Behaviors That Could Get Someone Discharged From An Assisted Living Facility
There are certain behaviors that can result in someone being discharged from an assisted living facility. These could include any of the following:
1. Physical aggression – Any form of physical aggression towards other residents or staff members is grounds for discharge from an assisted living facility.
2. Neglecting care needs – Assisted living facilities are intended to provide support and care, including help with meals, medication and personal care. Residents who neglect their own health or safety needs or refuse to participate in care may be discharged.
3. Harassment or disruptive behavior – Any kind of threatening, intimidating, violent or harassing behaviors are grounds for discharge from an assisted living facility. This also includes any kind of disruptive behavior that interferes with the other residents’ rights to privacy, safety and health care. After all, the safety of the resident is of utmost importance to any assisted living.
4. Endangering others – Any kind of action that puts other people in danger or at risk can be grounds for discharge from an assisted living facility. This could include any kind of dangerous behavior such as setting fires, tampering with electrical wiring or other hazardous activities.
5. Substance abuse – Any kind of illegal drug use or excessive consumption of alcohol is not tolerated in assisted living facilities and can be grounds for discharge.
6. Uncooperative behavior – Residents who are disruptive, uncooperative or disrespectful to staff or other residents can be subject to discharge from an assisted living facility.
7. Mental health issues – If a resident is suffering from a mental health illness and poses a risk to themselves or other residents, they can be discharged.
8. Criminal activity – Any form of criminal activity on the premises of an assisted living facility can lead to immediate termination of services.
9. Abuse or neglect of other residents – Residents who abuse or mistreat other residents at the facility can be discharged from the facility.
10. Non-compliance with medication – A resident who does not follow the prescribed medication plan can be discharged, as this can lead to health risks.
11. Threats or aggressive behavior – Aggressive behavior or any threats of violence towards other residents or staff at an assisted living facility will not be tolerated and will result in immediate discharge.
Tips On Helping Your Mother To Adjust To Her Assisted Living Facility
Perhaps your mother is simply having a difficult time adjusting to her new home.
- Maybe she fought the idea and was forced into it.
- Maybe she had different expectations of what it would be like.
- Or perhaps the assisted living facility is just not to her liking (at the moment).
Here are some ideas on what you can do to help your mother adjust.
1. Encourage your mother to make friends with other residents in the facility. Having a support system of people who understand her situation can help her adjust to the new environment and feel more secure in it.
2. Talk with her about activities offered at the facility that she might be interested in joining, such as yoga classes or a book club. Joining activities can give her a sense of purpose and help her feel more connected to the community around her.
3. Ask if there are any programs or resources available to her that she may not have heard about yet, such as counseling services for residents or caretaker training classes. These types of services can be invaluable in helping her cope with the transition and create a stronger sense of independence.
4. Make sure that you are actively involved in her care by visiting often, speaking to the staff regularly, and making sure she has all of the necessary items she needs to be comfortable in her new home.
5. Encourage your mother to participate in activities with other residents, such as group meals or outings. This can help her create relationships with the other residents and staff, which may make the transition easier for her.
6. Finally, it’s important to take care of yourself as well. If your mother has been kicked out of multiple assisted living facilities, it can be emotionally exhausting. Make sure to take time for yourself and practice self-care, so that you can be of better help to your mother.
When helping your mother transition into a new assisted living facility, it is important to remain positive and supportive. Above all else, remember that she deserves the best care possible, and there are ways you can help make sure she receives the support and attention she needs.
By being organized, understanding her needs, creating relationships with staff and other residents, and taking care of yourself, you can help ensure your mother’s transition is successful.
Good luck! With the right approach, you can ensure that your mother enjoys a safe and comfortable living environment.
Are there any programs or services she could use to help her adjust to living in the home?
There may be programs or services available to help your mother adjust to living in an assisted living home. Some options to consider include:
- Social and recreational activities: Many assisted living homes offer a variety of social and recreational activities to help residents stay engaged and connected with others. These may include group outings, craft classes, exercise classes, and more. Encourage your mother to participate in these activities to help her meet new people and adjust to her new living environment.
- Support groups: Some assisted living homes offer support groups for residents who are adjusting to living in a new environment. These groups can provide a sense of community and a place to share feelings and experiences with others who are going through similar transitions.
- Personalized support: Depending on your mother’s needs and preferences, the assisted living home may be able to provide personalized support to help her adjust to living in the facility. This could include one-on-one support from a staff member, assistance with daily tasks, or other services tailored to her needs.
- Transitional support: Some assisted living homes offer transitional support programs to help new residents adjust to their new living environment. These programs may include additional support and resources to help residents acclimate to their new surroundings and establish a sense of community.
It is a good idea to speak with the staff at your mother’s assisted living home to see what programs and services are available to help her adjust to living in the facility. They may be able to recommend specific options based on your mother’s needs and preferences.
