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.