Can Assisted Living Kick You Out?

Assisted living communities can evict residents under certain circumstances, including financial, behavioral and care-related issues. Understanding your rights and the resources available to you can help you avoid disruptions in your care. Read here to learn more about navigating these challenges.

Assisted living can kick you out based on factors such as financial difficulties, behavioral issues and changes in your medical needs. Fortunately, you can take proactive steps to handle an involuntary discharge effectively.

Assisted living stands as a long-term care solution for older adults who need help with everyday personal needs. These facilities administer services such as help with bathing and dressing. Additionally, these residences often feature a variety of additional services and amenities, including mental health counseling, on-site rehabilitative therapies and concierge services.

To qualify for assisted living, an individual must need support with activities of daily living (at least two ADLs in most states), though they must maintain a certain level of autonomy and the ability to manage their daily routine with minimal assistance. Seniors must also meet certain age criteria according to their state’s guidelines.

An assisted living facility can evict or transfer you without your consent for several reasons, including:

 

• Nonpayment or financial issues: Assisted living contracts provide detailed information on your payment obligations. If you don’t fulfill your payment obligations, the contract terminates, and the facility can begin the eviction process.
• Behavioral problems or noncompliance with the facility’s rules: You must comply with the facility’s behavioral standards. For example, facilities prohibit acts of violence or aggression, bullying, theft or harassment. If you become a danger to yourself or a threat or nuisance to others, the facility may evict you.
• Increased medical needs: In most states, assisted living communities can’t retain residents who need extensive medical support or help with most or all daily living activities. If your needs extend beyond the scope of services your assisted living facility provides, you may need to transfer to a higher level of care.

If you face an involuntary discharge, your state’s Long-Term Care Ombudsman Program can help you determine the legality of the move-out orders and assess your options. Along with helping you understand your rights, the ombudsman can advocate on your behalf and represent your interests in discussions with the facility. They can also assist you in filing appeals and complaints if necessary.

If a discharge becomes inevitable, several alternatives to assisted living may suit your needs. If you need a higher degree of care than your assisted living facility provides, a nursing home facility may accommodate your needs. Alternatively, home care or home health care agencies provide individualized services in your home, while continuing care retirement communities offer a continuum of care.