Is an independent living facility liable if a patient is injured because they were denied overnight care?

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My mother moved up to live with my grandma who just moved into an Independent living Facility. My mother has no income of her own only what my dad give her per month. He's recently retired and has a monthly income of around $4000. They will not let her stay over night sense she does not make at lest $1300 month of her own. So my 94 year old grandmother is left alone at night. Is the center liable if something were to happen to my grandmother for denying her overnight care. My G-ma has to much money to qualify for a professional in home care person. My mother is 70. Does any body have some advice. I am afraid for my Grandma that she could fall or something. Thanks ahead for your thoughts!

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Expert Answer
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I'm sure the facility isn't liable as they are assisted living and not a nursing home. People in assisted living generally have an alarm they can use if they need help, but they aren't given around the clock care, unless they hire it themselves.

It sounds like your grandma has the money to hire someone. She doesn't qualify for FREE care, but she can hire it from an in-home service. Yes, it's expensive, but people are expected to pay for their care. If she needs more nursing care, a nursing home is another option. Then she would have around-the-clock care. However, she may not be in that bad a condition, so help may be best.

If you use an estate attorney or elder attorney to draw up an agreement, perhaps Grandma can pay your mom to stay with her at night, and everyone would be happy. But you should do this legally, and work with the assisted living center (and have the attorney go over the agreement so no one is ripped off).

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