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My Dad fell when trying to help someone from falling and landed on their walking stick and fractured his T12. Because of his dementia he is having trouble taking care of himself and remembering what he's supposed to do, like using his walker, no bending or twisting, how to get up and down, etc. The therapists, nurse, and social worker all agree he needs assisted living as soon as he can be moved. I have found a place he can move into in the next few days. The independent living facility still requires him to give a 30 day notice. There is no way we can afford to pay for both locations. Where he is now they cannot give him the care he needs. Is there a way we can move him without having to pay for another month legally? I thought they would have been happy to help us since my Dad has been there over 2 years and because of the circumstances, but I guess the money is more important than the person. :(

Check the contract to see if there's an exception to 30 day's notice if a person's health declines or an accident occurs. That's the best source.
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Reply to GardenArtist
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Also consider if getting help for IL is less expensive than the cost of a NH. Be sure you add all the fees for the care he needs at the ALF. Many on this forum seem to be surprised at how the fees mount and how the services are less than they anticipated for what they are paying at ALF.
Be careful of making a decision too quick without checking the new contract carefully as well as your existing one. Now is the time to thoroughly understand what he is getting for his money and what happens when he needs to leave ALF.
If he needs a NH, can he self pay? If he needs Medicaid there is also that to consider. Be careful what you sign.
Did dad go for rehab after the fall? Was he hospitalized?
Sorry for so many questions. The more info you give the more tailored the answers would be.
Without reading his contract with the IL there is no way we could answer the question you asked. His fees will only escalate going forward. I would use what money he has to seek counsel from a certified elder attorney to get him on Medicaid so he can get the level of care he needs. He has to qualify medically and physically. It sounds like he might now.
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Reply to 97yroldmom
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In NYS there is a law exempting the elderly from the 30 day notice, if they are going to a higher level of care. I will dig it out and attach it in another posting in case it’s similar in your state. I had to send a copy of it to Moms independent living administrator when they tried to pull the same thing with me.
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Reply to rocketjcat
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In NYS there is a Tenants Rights Guide put out by our attorney general. On page 15 under Senior Citizens Lease Termination it deals with people 62 years and older can terminate their lease if they are certified by a physician that they can no longer live independently and must relocate. Real property law 227-a1. When that tenant gives notice in writing the landlord must release them from liability to pay rent for the balance of the lease and adjust payments made in advance. I used this when Mom was moving from IL apartment to AL. So I even made them refund the months payment made in advance. The hopefully this gives you something to investigate in your own state under tenants rights.
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Reply to rocketjcat
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If your contract says 30 days notice than you have to pay that month. Do you think that an AL is going to watch him that closely to make sure he is using his walker, not twisting or turning, getting up and down correctly...I don't. They don't have the staff to be with Dad on a constant basis. The AL evaluated Mom and said she must use her walker at all times. But, most of the time she had "parked" her walker somewhere and was walking around without it. She fell 4x in 4 months. She wasn't suppose to pivot because of her neuropathy. But she did. When Mom went to NH she was put in a wheelchair. No, I didn't like it but she never fell.
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Reply to JoAnn29
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Thank you, everyone. I just read the contract, twice. In one section of the contract it states that if a person becomes unable to provide for their health care or personal care needs, or if a physical or mental condition develops that creates a danger to yourself or others, then you agree promptly to move out and into an appropriate outside accommodation of your choosing. Any determination that you are required to move out for the reasons set forth above will be made in the sole judgment of the Community Manager.

Then it states that if the Community is entitled to terminate your rights to stay in your Unit, if the Community determines that your health needs require a move-out in accordance with what I wrote above. This agreement shall terminate either on the date designated in the written notice, or thru the date your belongings remain in the Unit.

To me, it sounds like they can ask my Dad to move because of his health. So I'm assuming that if we have been told my Dad needs to be in assisted living as soon as possible, that I would just write a letter stating this and that would be treated the same way. I just hope they see it that way too. I don't want to fight over this.

We found my Dad a private home care facility that only cares for 5 people. So I'm hoping this means he will be watched carefully. There are 2 caregivers present at all times. I have hired an attorney to help us with ALTCS, so this facility will only be temporary. Then he will move to an ALTCS facility where we can get the much needed financial assistance.
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Reply to barbieb81
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Barbie, you are obviously in AZ, I am too. You can search for a home care facility that accepts ALTCS (Arizona Long Term Care Services) if that is your preference. When my dad became ill, I did a lot of research and found that price wise these facilities are more friendly, however, after experiencing life with one, I found they have no enrichment activities, they care for the people but that really is the limit of the resources available. Also, if there are really needy individuals the less needy get less care. I too thought the ratio was great, until I realized all the behind the scenes staff, ie cooks, housekeepers, laundry, made a larger ratio more appealing as they do the time consuming activities that keep caregivers from giving hands on care. I just wanted to let you know. Some people are good with being fed, medded and bedded while others would like social activities, room to walk inside and a larger number of people to interact with. These are all things that I never even thought of because I was focused on the level of care, ratio of caregivers to residents and ugh, I got dissappointed.

I hope you can find the perfect fit for your dad and the IL doesn't make your move harder.
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Reply to Isthisrealyreal
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If you would let us know how it goes. AZs ALTCS system I think uses a managed care model which is somewhat different than all the other states as to how providers & facilities are paid. (Which is the traditional original Medicare & individual state Medicaid program “duals” system). I’m curious as to if he needs specialists and he’s in an altcs accepting facility if is there's any real ability to see specialists or if it’s more only getting custodial care. Thanks!
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Reply to igloo572
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Unfortunately, it's a business. My dad was in Independent living for a week. He fell the first day, and had to go to AL. The complex where he was had AL, but no openings. They did work with me and I did not have to give 30 day notice. But, I had to pay a deposit and first month on his AL place.
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Reply to c47090
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I am sorry, this must be a stressful time for you. I would definately try and talk with the top person at the facility. It is a business and they usually do not let people out of a lease early or agreement without having to pay for the full 30 days notice.
Is there any way you can stay and or recruit any family or friends to help care for him on the IL place and then move him to the other place after the 30 days?
Good luck and hugs to you!
m
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Reply to Ladyj60
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