Can they kick my father out of an Assisted Living Facility?

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My father was kicked out of his Assisted Living apartment in Greentown, IN. The reason I was given (verbally) was '"lack of funds". I estimate that father's savings would allow him to live in Long Term Care ($6000/yr) for 4 years. My estimate does not include his $41, 000 annual retirement. I can provide documentation to support his savings from Edward Jones. The facility did the usual trick - send the resident to the hospital. My father's hospital condition was the result to the poor care that he received from the facility's staff doctor. His legs were swollen due to his heart medication not be regulated correctly. Plus, their staff doctor did not diagnose my father's Parkinson's disease. Since his heart medication has been adjusted and his treatment for Parkinson's, he has made a complete turn around. The facility's patient Bill of Rights (might be Indiana law) indicates that the facility must provide in writing the reason for the eviction. I have not received any written notification. Can they do this?

Answers 1 to 7 of 7
I am confused. Are you saying you estimated he could live for 6000.00 per year for four years in AL? That is 500.00 per month. It would take all the the sums of money you have mentioned(6,000.00 plus the 41,000 per year) to pay his bills for Assisted Living. I could be wrong but I thought AL did not take very ill patients to start with and if they do become ill while living in Assisted Living, then the patient has to go to a nursing home or make orther arrrangements. I would get in writing the reason for eviction. I am sure they can do what they please since most AL facilities that I am familiar with are "private pay". Would love to here from others about this subject.
I suppose the first question would be who has been paying his bills? And for that amount of money per month, I wouldn't put too much trust in his care. Another thing to remember is that normally, and the key word here is normally, a facility doctor is not on staff at a hospital.....don't you wonder why they don't have a practice set up somewhere? In my long experience it's because they are inept. Be that as it may, you should probably at this point consult with an elder care attorney who will look over all agreements with the facility and then tell you what is legal for them to do. Where is Dad now? I would be looking at a different home for him and one that would see that his needs are met. Once you have problems with administration, you will always have problems and unfortunately Dad will be the one to suffer. Good luck!
And where were you all this time?

To answer your question, yes they can "kick" your father, or anyone, out of an A.L. facility if his medical condition requires more nursing care than their policy provides. You will need to find a Nursing Home for him. Pls. be vigilant about his care. I assume he is your only parent in need of care.
Top Answer
jbrown30107, please ignore some of the sharp comments. There are many here who do really want to help you. Take care
There are many different levels of assisted living facilities. Because you mentioned that he was in an apartment style ALF, I imagine that he was originally more independent. With the cardiac disease and the Parkinson's (both of which require more monitoring), I don't believe his apartment was appropriate for him.
I also think that you may have mis-typed or be mistaken about the cost of his apartment - it should be much more than that (unless he is receiving partial credit for medicaid?).
While he doesn't necessarily need a nursing home, he definitely needs an assisted living facility with a higher level of care.
You might also consult with your family members to find out if any of them would be interested in caring for him in their home where he might receive better care.
I would also consult a geriatric care manager who will know the resources in his community very well and can determine whether or not the facility that sent him to the hospital acted in his best interests.


When we brought my mother to the Emeritus, we needed to sign a contract with several pages. Have you had a chance to look the one over at your Dad's facility? In our contract we needed to give a 30 day notice; however, if the facility thought they would not longer be able to meet her needs, they only needed to give us 3 days. We started paying $2250/month until my mother needed more care, and now it is around $2700 except CalPERS pays $1500 of that. We are in CA so compared to other facilities in the area, that is about the going rate, atleast in this area. The rate you mentioned must've been private care at a board and care home? Before hiring an attorney, I would suggest asking the facility to show you the contract your dad signed before becoming a resident. If you have an Emeritus in your area--I would suggest checking into it. Many of them have a special facility across the path which only has Memory Care/Alzheimer's patients. Perhaps your dad would be allowed to stay there, or a skilled nursing home in the area might better meet his needs. I recently visited one in Lincoln, NE called Kinder Care and it was wonderful! If we lived in the area I would definitely have my mother stay there if she needed closer supervision. Please keep us updated--this is a difficult road, but we are here to help and encourage one another on this site.
At least in Texas, there are ALs that allow "aging in place", meaning that if your loved one requires more and more care, they may stay at the AL and the AL is equipped to provide NH type care. People may stay there until they pass away. It is a really neat idea; you may wish to search for local private homes (8-12 residents) that may offer this. Hope this helps.

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