He is in his last stages of this horrible disease. A few months ago, he has developed anger issues with the staff, and other patients. This memory care unit wants him out of there, and his advocate for the State has found him a place that will accept him, but it an hour and two away from any of his siblings. Now that he is in his last stages, being lethargic, and they cannot find out what is wrong with him, in that respect, they still want him moved. The state is telling me that we have to move him on Sunday no matter what. Is this legal, and what would happen if we just dont move him?

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It doesn't sound like he is doing well in the current place. I would see if the new place might be a better fit. As stated upthread, maybe an adjustment in his meds is in order. Still, if he is acting out, the facility has to protect all involved.

You say that his Advocate by the state found this new place. Is the Advocate his Court Appointed Guardian? If so, then the Guardian is in charge of making decisions about his care. I'd explore who is actually in charge of making the decisions.

Even though it's a couple hours away, his siblings can still visit. His care has to the be most important consideration. I can't imagine wanting my loved one to stay in a place who tells me they are not able to handle him.
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If your brother is receiving State funds to help pay for his care, the State wants to do what is best for him.... even if it means moving him to another facility where he and everyone around him would be safe.

As for you not moving him, not sure what would happen, he could be given to you for his care.
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When a patient becomes violent or aggressive, there are certain facilities that are not equipped to handle these issues. Usually the contract that is signed upon entry to these facilities carefully outlines these restrictions. Therefore, a facility can in effect "evict" a patient...but only if there is a safe place for them to go (another facility must accept them). Since a facility has accepted him (and you are very lucky for this as very very few facilities allow aggressive or violent patients) then it is within their right to move him, particularly if he is on Medicaid which I'm assuming in the case. They want to make sure their staff is safe and still want to make sure your brother is safe as well.

So yes, in this case then can evict him, and send him to a facility that can handle his behavior for the safety of everyone. This may be a good thing, as this new facility may have a geriatric psychiatrist on staff that can adjust his medications and make him more comfortable and less anxious/angry.

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