Can a memory care facility deny residency for a patient with a felony?

I'm an attorney and a former Public Defender in Miami Dade County. I agree with one of the former posts that indicated that there is no requirement that a facility accept anyone with a record. Discrimination in terms of sex, age, race, religion, etc. is prohibited. The ADA may not protect him either because the American with Disabilities Act prohibits discrimination based on a disability. Having a criminal record is not discriminatory. It doesn't fall into one of those protected categories.

I would suggest to just argue common sense to the facility. That this offense took place a long time ago and that he doesn't pose any type of danger to the facility or it's people.

Best of luck,
Nicolas

My condolences that you are going through this and this diagnosis. I doubt that VERY seriously any prior record especially something that small will affect his admission. don't worry about that. and she really should not have mentioned they may deny him admission which is putting you in further distress. that was really rude of them.

connect with an elder law specialist and at the same time you're exploring admissions, have them, if they believe it necessary, expunge his record. I hardly think anyone with LBD is going to be a drug seller in a facility. And don't bring it up. Answer only what you're asked. If they try to do a records check it may not even show up. In fact, you could probably attempt to do a background check on your own to see if it does.

Long-term Care Facilities can discriminant at the door. They can refuse admission for any reason and they do not have to tell you why they are refusing to admit.

The reason behind this rule is that facilities need to be able to turn away individuals when they believe they cannot meet their needs. Also, if a facilities admit a resident they can legally discharge them without a reason for the first 30-days. After the 30-days then the Federal discharge rules apply.

From what you have shared it sounds like your loved one should not be denied due to his past. I would suggest that if the admission person tells you that they will not accept him you request to speak with the Director of Nursing (DoN) or the administrator.

I think that some states have laws about this, but, I would consult with an attorney in your jurisdiction to see if he can get an expunction of that conviction. In some states, after so many years, that is made possible. It might take awhile, but, I'd explore it.

I'm sure they have the right to turn people away for a felony or some felony's but I would hope they look at what the offense was and when. This doesn't sound like an offense that poses any possible threat to anyone, I mean there are all kinds of people out there with felony pot convictions for something that is legal now in many places. If this is truly a place you want to put your LO (I mean since you have to put him somewhere) I would hope they take all the facts into consideration. Since it was the woman who showed you around she could have just been someone lower on the totem pole or she could be the head of "admissions" I guess but I'm going to go with the thought that she doesn't have anything to do with the actual approval process and knows that having a felony is something that people can be turned away for so she let you know that, she's right and it's only fair to be upfront but what she doesn't know enough about is what they consider rejection worthy and what they overlook.

I agree someone who has served their time has served their time and particularly when it's been 30+ years with no offenses since serving that time they have paid for their transgressions. On the other hand if their is a serial rapist or someone who was convicted of murder and gun trafficking or something I am happy the facility I have my mom in for instance might be inclined to turn him away. That is not to say that someone can't turn their life around though so the offense, how long they have been out and what they have done since makes sense to consider. I mention rape and murder though because we know people with dementia/Alshimers can loose self control and the ability to reason as well as fall back to old behaviors so considering some loose inhibition without being felons these concerns could be valid in the case of someone convicted for violent crimes.

I don't have direct experience with this.

I think you need to be forthright about this and explain what the conviction was for. And present evidence that he is not a danger.

Who is "she" who told you he might be denied a space?

Facilities are NOT required to admit anyone, regardless of their situation. You may need to consult an attorney who specializes in this type of thing.

Who is she? - as in "may deny him she said."

For me, the point is that the time was served and the conviction was from well over thirty years ago; and it's hard to see its relevance to the current situation. Keep your cool and make sure you're communicating closely and constructively with the decision makers; but on an optimistic note it wouldn't make commercial sense to turn away business on these highly technical grounds, would it?

I suppose, just musing, there could be concerns about access to prescribed medications...

... But then again, if those concerns are real then the facility needs to tighten up its medication storage and handling protocol.

Do you have a professional advisor (social worker, care planner, e.g.) helping you?

I would contact the ADA Americans with Disabilities Act. They deal with discriminatory acts against the elderly and disabled. They can guide you. Best of Luck.