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We moved my dad from one Asst Living due to not keeping up with his care. We didn't give the 30 day notice, and wrote the 'vacate' letter stating why. They're charging him for January. Too many attorney websites and they don't reply. Any recommendations? The AL has been reported to HHS for investigation and I have a claim number. Can they put dad in Collections? I just need the name of an attorney.

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Thanks for coming back and updating us CPS0013.
You make valid points. You were on top of the situation with your email notifications. You understood and documented the care the patient didn’t receive. You knew your contract. You stayed engaged.
I’m glad it turned out well for you.
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I tried three times to the site in the blue area for an attorney, no reply--we don't need one anyway.
Re 30 day notice, NO if they did not provide the care that was ON THE CONTRACT, then a 30 day notice doesn't apply because the contract is null and void--we didn't pay for the full 30 days--the AL sent me an updated invoice which I requested--we only paid for the 2 days in January he was there. Every case is different. We had a lot of documentation and emails.
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Back when we moved Mom from home to the AL where several other family members lived, they quite clearly did not provide the care mom needed. She was, early on, considered to be an "attention seeker" by the DON and so when she toddled into this Gorgon's office with her bp meter reading 200 over something, was dismissed. She was found unresponsive in her room later that evening and taken via ambulance to the ER.

They tried to give us the "30 day" speech, but my SIL talked them into ignoring that, if we didn't report them for malpractice, malfeasance or whatever.

You probably need a lawyer to write a fairly simple letter.
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This is why there's different levels of care that the resident pays...and this is what we're saying...they didn't provide the intermediate level of care he was paying. i'll contact an attorney to be safe.
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If the contract he signed requires a 30 day notice, it’s going to be valid. Trying to prove negligence on the part of the AL is going to be hard as it sounds like he was shuttling between AL & ER. AL require them to be good on thier ADLs. I’m not trying to sound harsh but if dad wasn’t able to do ADLs as to how this place runs, it’s going to all on him to have taken his meds, used safety grabs while bathing, asking for assistance, etc. ALs going to say that dad was told multiple times and family as well. I wouldn’t be surprised if there’s notifications given to dad as to this & he signed off acknowledging AL terms. For facilities, non of this us their first barBQue like it is for families. Contracts done from their perspective. 

The bigger issue would be -to me - if you or your sister can be held responsible for payment. If only Dad signed admissions paperwork, it’s his debt entirely and nothing really AL can do if he has no assets. Even if turned over to collections. His SS and VA income is protected income from creditors except for the irs and the state as they are “super creditors”.

SA has several CELA & NAELA attys. This site has a list of attorneys as well. But medical malpractice is specialty legal. I’d suggest you clearly ask if they do both elder law, medi mal & litigation arising from either. I’ve done legal filings in Bexar & if litigation involved expect a significant retainer to pay. In my experience Most elder law attys do not do litigation, it’s speciality work done by a few.
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cps, one way I found an Elder Law Attorney was to go to the bottom of this page to the blue area.... click on ELDER LAW ATTORNEYS.... within that site you will see a place to put your zip code. and you should get a list. That is how I found my Elder Law Attorney and she is outstanding.

As per your Dad's lease, if it says that one needs to give 30 day notice, one has to give notice no matter what is the situation. Thus Dad would be charged the January rent.

Please note the cost of a Elder Law Attorney to fight your case probably would be more than what was the monthly rent that your Dad needs to pay. I wouldn't want to put Dad or you through all that stress. And if you lose the case, you may need to pay for the nursing home attorney fees.
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