SweetPeach Asked June 2012

Can state of Georgia make a resident leave a licensed assisted living center with 24 hrs notice once resident does not meet min requirements?


Facility is requiring 30 days notice of us to leave without penalty. This doesn't seem legal, espcecially if my Mom who has stage 4 Alzheimer's isn't able to feed herself or move independently. We are afraid they would not pass a state inspection and would ask Mom to leave. We have decided to move her to skilled nursing facility. We run the risk of them sending remaining bill to collections. Thoughts?

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igloo572 Jun 2012
30 day notice is standard unless your are moving them to another level at the facility or to a sister facility. It can be prorated from the day your let them know in writing or via a fax that they would be moving and on what day.Some places will bill you for less than 30 days if the room is "sold" in less than 30 days.

I'm assuming the AL is private pay and there is a contract that someone signed upon admission. How the agreement was signed is critical in who will be the one found financially responsible and who will receive the bills. If you signed it as "Jane Smith as DPOA for Mary Jones(your mom)", then Mary Jones is the one responsible for payment. If Mary Jones signed the contract, then Mary is responsible. Now if Mary has no real assets other than SS or other protected retirement (like federal or railroad) then the AL or a collection agency can't do squat and the facility is SOL. If Mary still has a home and doesn't pay, then after it runs months on collection agencies, in some states, they can file to get a judgement against Mary and her assets (her home). In some states, like Texas, the home is protected and no lien can be put against it for these kind of debts and credit card debts..

But if you or a sibling signed it with just your name then you or whomever signed are financially responsible and they can come after you for the whole amount for the full 30 days.

Find the contract to see what is says and who signed it?
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Kimbee Jun 2012
Dont live in GA, but the 30 d notice rule is the norm and I have seen it enforced regularly here. Most people time their move to avoid. Perhaps check w ombudsman and or APS to see if you can get around this. If she NEEDS a level of care they don't provide, doesn't seem like it should be enforceable. Good luck. Let us know what you find out. The new facility or SSA or payor may also know? the
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SweetPeach Jun 2012
Yes. We are moving mom from a private AFL that is licensed by state of Georgia to skilled nursing because she cannot move herself from building nor feed herself.mthey have not asked us even though they told my sister in Feb that physical therapy was ordered to help her skills. Ha that was a way to keep the business. We have since wised up and moving her out. Penalty to leave under 30 days doesn't seem fair when she no longer qualifies. State is not involved at this point. We have initiated the move.
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jeannegibbs Jun 2012
Can you clarify a bit?

Is it your wish to move your mother with less than a 30 day notice? Or is the state requiring her to move? It the ALF a state-run facility?

I'm confused.
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