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My dad passed away on Oct. 1 in a memory care unit. The nursing home has already charged his account for the full month of October. They told my mom it's their policy not to refund the money, regardless of what day they die. She went there today to get his belongings out of his room, and the room is already being staged for another occupant, while his stuff is still in the room. Once they fill the room with another patient, they will be getting two payments, my dad and the new patient, for the same month. Is this legal and/or ethical?

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Let's not forget, when a room is empty, the staff needs to go in to do a deep cleaning, maybe some painting, replacing the rugs if need be, etc.


I remembering having to scramble to find someone to move out Dad's furniture after he passed, all his books, his TV, etc. and put them in my garage until I could catch my breath on what to do next.


I can't remember for sure, but I think Dad either got back part of the rent not used or if it was his security deposit. This was a decade ago.
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Reply to freqflyer
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Was your dad self-paying or did Medicaid pay? Whichever it is, I think it wouldn't hurt to contact your state's ombudsman, commissioner of insurance, or health and human services agency (or all three), ask for guidance, and, if necessary, file a complaint.
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Reply to Rosered6
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Pinecone25 Oct 5, 2025
He was self-paying until his money ran out, and then Medicaid took over. I think. My mom handled all his finances so I'm not sure.
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Thanks for the replies. My mom did find in the contract that they will charge for the entire month regardless. She asked the director about it today who said she'd "try" to see about a partial refund. My mom's not holding her breath.

My mom would've accepted this, but only got upset when she went there today and found they had the room lit up, door open, with a vacancy sign. My dad's stuff was still in the room and his bed barely cold yet. My mom removed some of his valuable things but left the rest. She said no one's gonna rent that room until my dad's month is up.

One of the staff told my mom that the director's job is on the line due to rooms not being filled, so she's under pressure to fill the rooms quick. I feel it's unethical at the very least to collect rent twice for the same room. I will mention to her about talking to an ombudsman. Thanks!
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BurntCaregiver Oct 4, 2025
@Pinecone

Good for your mother! If she paid for the month then it's her right to not allow your father's former room to be rented.

Too damn bad if it puts pressure on the facility director to fill every room and their job could be possibly on the line because if it. Why should your family get ripped off to make the facility director's job easier?

She can make a deal with your mother on how much will be refunded, then your mother will get the rest of your late father's things out and let the room get another resident.
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Sorry for your loss. No. It is not legal. Just because something is in writing doesn't mean it's legal. They are supposed to refund the money. If you make a fuss about it and get the state's Ombudsman involved, they will refund it. The nursing home my parent was in tried to pull this. they had to refund the money because a new resident was moved in the next day.
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Reply to BurntCaregiver
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Its like renting an apt. You pay the rent for a month, you pass away in that month, you still owe the month. The only thing you maybe able to get some money back on is the care portion. They aren't doing the caring. Moms contract read that if she is in a hospital or rehab for two weeks, after those 2 weeks she would not be charged for her care. If the rent is not going to be returned I would assume they can't rent the room till the next month. Check the contract.
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Reply to JoAnn29
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BurntCaregiver Oct 3, 2025
No, it is not like renting an apartment. Usually in a nursing home people are in a shared room. If the room already has another occupant after someone passes on or vacates it for some reason, the new person is also paying for the room for the month. That's illegal.

If you paid up the rent in an apartment for the month, the landlord can't move someone else in, charge them for the mothn, and also charge you.
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Read the contract. That will tell you how the facility bills in end of life situations. It's not unusual at all to charge for an entire month when a resident passes, however. Although I cannot imagine how the room is "being staged" while dad's belongings are still in there. I had a week to remove moms things from her MC suite after she passed.

Most Memory Care Assisted Living facilities are privately owned so they can do as they see fit and write contracts accordingly. They don't let morality doesn't cut into their bottom line.

My condolences on your loss.
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Reply to lealonnie1
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