Can my parents be evicted?

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My parents are 89 and 94 and in assisted living. They have spent nearly all their money there over the last three years. How do I find out their rights? THANKS

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Being evicted certainly is based upon income, the insurance they have and whether an assisted living facility accepts insurance coverage such as Medicare and/or Medicaid. If they are in a facility that drew up a spend down contract, you would have to re-negotiate under their current circumstances. In addition, some facilities reconsider certain health conditions, such as cognitive issues (i.e., Alzheimer's). My suggestion is to discuss the matter with the facility and if you are not sure of your parents' rights, I would suggest contacting a qualified and respected elder law attorney who can guide you through the process. Many attorneys offer free consultations. You legally are entitled to view your parents' files at the assisted living facility, as well as are entitled to a copy of any and all documents. You might have to pay for copies. I would purchase one of those inexpensive (about $100) portable scanners. Ask to see their file, scan every document, and download them into your personal computer for safekeeping. This way, you will have the documents for an attorney to view. This will provide all the necessary information an attorney will need to properly provide accurate advise. Hope this helps.
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They cannot throw your parents out either until you find a place that is acceptable. I have seen residents that are physically inappropriate for assisted living. They need a nursing home. But, they drag their feet and they tell assisted living. They cannot find a place and this goes on for months. One thing that is concerning. Did your parent sign themselves in. Did you sign any paperwork. I am just wondering if they can come after you and put a lien on your home.
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Bottom line is evictions are complicated and require a court ruling. The AL can look to evict if the resident needs care beyond what they offer, for example an AL may not feed residents, if someone has trouble swallowing and cannot feed themselves, they may need a greater care unit such as a NH.
Yes, if someone is significantly arrears in payment and not making arrangements to pay, they can certainly be evicted....a difficult and costly court process.
Intervene on their behalf, understand why, and you will be able to guide a solution. Try to negotiate with the facility.
If your questions is can they,....yes they can, but it is costly and slow court process.
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My in laws were evicted because they were unable to follow the rules like no smoking and they had a dog who was urinating all over the carpet.
They ended up on Medicaid and lived with us for a year but they were a danger to each other so we finally found a good nursing home for them where they could share a room. It was very distressing to have gone through this process with a lot of RED TAPE due to the move from one county to another in CO.
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YES YOU CAN BE EVICTED from AL. But it's not only for not paying your rent, it can also be for behavior issues.
SOME assisted living accept Medicaid....NOT ALL. Best practice is to have a fine-tooth comb when you first starting looking at AL, do a very thorough reading of their Rental Agreement or whatever they call it.

I have a friend whose mom is on her THIRD assited living rental, the poor lady has mild dementia, and cannot control her behavior very well. So she has been literaly evicted from 2 AL's. My friend is at her wits end, after paying HUGE amout for rent, and all the moving expenses too, and her time to try and deal with the complaints preceding the eviction, she has had to move her mom 3x.

Assisted Living facilities--be very wary when entering one, and realize, it may in fact only be a temporary living situation, whether you like it or not.
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In Washington State, when your money runs out Medicaid will take over and pay but there are conditions. First, the building management must accept Medicaid. Not all do and not all have to. I hope they asked before they moved in. They usually require up to a years notification. One AL building my dad lived in only allowed two rooms ( out of 65 rooms total) for Medicaid and if those where full...to bad. In his ADF he's in now it looks like the transition will be smooth if he lives that long and runs out of funds. VA is an option but be careful with that one. The money is not a lot and might interfere with Medicaid. Get a qualified adviser before asking for VA money. NOT an investment company...Get a qualified elder attorney. Making sure your parents are protected is an important issue as it does happen that someone may take advantage of them. Attend all meetings with them and don't let them sign anything until it has been thoroughly investigated. In 5 years of helping my dad I have seen a few things that made me stop and take a second look. However, having said all that, once your on the right path and have the right info, it is an easy path for Medicaid funding.
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Bottom line - talk to the admin at the facility first and find out what the real situation is. If their income plus a small amount from you is affordable, or if they actually bought in to something long term, maybe they can stay there. I understood though that Medicaid pays for skilled nursing and maybe a comunity living waiver that covers supports to keep them in their own home, but not assisted living. Medicaid will WANT to be paid back, but if there are no assets that were exempt and nothing is left, they typically do not get paid back. It is called 'estate recovery" and will typically reduce what is left for any heirs, but allows the person to keep a house and a car as long as they live and "intend" to return to it, $2,000 in assets, and a burial policy.
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I understand that medicaid has to be paid back, eventually.
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My first question is"Are they spending their OWN money to live there now?"
Is it thru savings, a sale of a home or insurance? I would check with the administrator to review their financial situation. Sometimes you you can downsize an apartment to lower costs i.e. a studio vs a standard size apt. Some nursing homes are step care facilities and have both assisted living and nursing home care. What level of care are your parents needing? Other options might be adult care homes. These residential group homes can be a less expensive option. Good luck.
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I feel for you. It is a tough one when your parents out live their money. I believe it goes back to your original contract. Did you have to pay a lump sum for your parents to live there. I would ask if families or the community has money for situations like this. I live in Boston, MA my aunt lives in assisted living it cost her $6000 per month. It is all out of her pocket. Medicare does not contribute.
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