Assisted Living Can "Kick Out" a Resident Who Can No Longer Pay


Unfortunately, yes. An assisted living facility can make a resident leave if they can no longer afford to pay.

Paying for assisted living is expensive. But your father signed a contract when he moved into the assisted living facility, and that contract governs what happens in the event he can't pay. Read that contract for specifics on eviction of residents.

Before you start packing his bags, check with the staff -- the executive directory or billing department is a good place to start. Ask about other payment options that might be available. Depending on what state you live in, some financial assistance programs might be available that you aren't aware of. Also check with your Area Agency on Aging (search for that term, as well as your state online, or consult your telephone book). Again, some sources of help might be out there.

In most cases, unless there is some other source of payment that is in the process of being set up, non-payment is grounds for asking a resident to move out.

Whether or not your father can be "kicked out" depends on several factors, including what state you live in and the laws that govern assisted living facilities in your state. It also depends on the contract you signed with the facility. Generally, there is some provision for notice, but the details vary depending upon the jurisdiction and the contract.

If you are out of options, the assisted living facility must give you plenty of notice, and provide the following (documents vary by state):

  • A summary of the resident's mental and physical health status
  • A plan of care for the resident after he or she is discharged. This could include recommendations for where the senior might live, which will assist the resident to adjust to his or her new living environment
  • Notify the resident and a family member and/or legal representative at least 30 days in advance of the discharge.

In most cases, you do have the right to appeal the discharge to the state. Of course, you would ertainly need an elder law attorney to take this course of action.

Sheri Samotin brings more than 30 years of business and management experience to LifeBridge Solutions. She is a Certified National Guardian, Certified Daily Money Manager & Certified Professional Coach. She is the author of Facing the Finish: A Road Map for Aging Parents and Adult Children.

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what do you charge for a month at you home do you need a down payment?
Jaunita Meek
The short answer is yes. The longer, more correct, answer is not for a while. No business can afford bad publicity. They won't simply dump him at the front door because that would bring the media asking all sorts of embarrassing questions. If the facility manager hasn't thought of this, you might remind him or her.
It is now time for you to check out other care facilities to see if they accept medicare only residents. There are some that do. There is also a possibility that his current facility will do so (to escape the embarrassment above) if they are prompted by the right people (see State Office on Aging; Medicare Representative; local Congress representative or senator; Elder-Law specialist attorney; media outlet).
Don't give up. There are solutions. If necessary, take a two or three day break by going somewhere you consider fun to "re-charge your batteries" before making another attempt to sort all of this out.
Blessings on your efforts.
Every business, for-profit or not, must get paid for the goods and services they provide. No resident of an ALF has a right to stay there indefinitely without paying. The question is more about how long a notice they have to give and the details of moving out, but there is no question of staying without some payment plan in place.

Is Father eligible for Medicaid? Does the ALF he is in accept Medicaid? Are they even eligible for Medicaid payments? Where ever father goes next he has to have some means of paying for it. If he can no longer pay out of his own funds, he needs to arrange something else, such as Medicaid.

How much assistance does Father need with activities of daily living? Is he ready for a skilled nursing facility?