Author: Theresa Van Baalen
Reviewed By: Catherine Braxton
A memory care facility can kick you out, but not without a valid reason and a minimum of 30 days’ notice. Though different laws apply in different states, possible reasons for eviction may be that you’ve become a health or safety risk to yourself or others or that your care needs have changed and the facility can no longer meet those needs. They may also give you notice if you fail to pay for your care or if the facility is closing.
You can avoid an unexpected eviction by carefully reading the admission contract before moving in and understanding the facility’s discharge rules. Ask clarifying questions and get the answers in writing.
Family members and legally appointed powers of attorney or guardianship should remain in regular contact with staff so there can be open discussions about your care and changing needs. At some point, it may become inevitable that you must move to a more intensive care facility such as a nursing home. As long as you, your family and personal caregivers have transparent communication with each other regarding the disease progression, it should not come as a surprise.
If you believe you’re being evicted unfairly, you may challenge the decision by meeting with management and trying to problem-solve the issues that prompted their decision. Check your contract to make sure the dismissal is in accordance with facility policies. Should they claim that they can no longer meet your medical needs, ask if it is possible to bring in an outside medical expert to determine if this is true. If they’re concerned about behavioral problems, suggest solutions.
Most facilities do not want to lose a resident, so it is possible that they have attempted several measures to eliminate the need for an eviction. Ask about any attempts at resolution along with accommodations that have been provided.
If you think you have a case after taking these steps, file a complaint with the long-term care ombudsman program in your state. The program advocates for seniors living in long-term care facilities and helps to resolve problems. Your final recourse would be legal action, but first consider whether it’s worth the expense and if you really want to stay in a facility that doesn’t want to accommodate you.
