Can a patient be asked to leave a memory care facility due to aggression, anger, and other bad behavior with no notice?

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My dad was finally put in a memory care facility on 11/06/2014, seventeen days later he was sent by them to a Psych Ward Hospital to try to regulate his medication and find out why he so aggressive. He was told he would stay there anywhere from 2-3 weeks to a month. My mom was told she had to pay the full month fee of $5500. for the month of December for the facility. She did, but about 5 days later she was told they were returning her check and did not want my dad back in their facility. Can they do that without any notice. What do we do with him once he gets out of this psych ward?.

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Top Answer
Have you checked the paperwork your mom filled out when your dad went into the facility?

It sounds as if the facility did give your mom some notice. They didn't kick him to the street, he's in a psychiatric ward and the facility is saying that he can't come back. It sounds like there's a window here to find him another facility. While he's in the hospital your mom will have access to a social worker who can help her find another place for him. They won't release him if he has nowhere to go.

I'm glad to hear that the facility returned your mom's money.
That is tough. A friend of mine found it was not easy to find a facility that would take an aggressive patient. She had this problem with her husband. She eventually found someplace, but only after a lot of grief and jumping through a lot of hoops. Most facilities in Arkansas won't take anyone they conceive is a danger to other patients or to their staff. You need to talk to someone who can give you good advice. Maybe an elder lawyer might be a good place to start or at least your local government senior services or dept of aging.

Good Luck to you and your mom...
Yes, they can refuse to take him back. It sounds as if his behavior is the problem and he probably disturbs other residents. Behavior can also become a safety issue if he is combative.

Just as the facility can refuse to take him back, your mother can do the same. Simply tell the hospital that she is not able to provide the ongoing care he needs. The social worker at the hospital will have to find appropriate placement for him. Something similar happened with a friend of mine. The person receiving care had become impossible to be cared for at home because of behavior. After talking with a number of memory care facilities and non that would take them, the only option was a State psychiatric facility and they happened to have space available just when they needed it.

Margaret52, the short answer is "yes" but it doesn't seem right does it? Both times the reason that my husband was "kicked" out was that he was upsetting the other residents. I remember the panic I felt when I learned that he was "homeless". My experience taught me that there are two departments that don't always agree. There was the sales department that assured me that Bob would fit in well and that they could handle his behavior, and then there was patient care that kicked him out when they couldn't handle his behavior. Finding an affordable facility that has the appropriate services isn't easy. It wasn't until the social worker got involved that Bob was moved into a nursing home. I do believe that it came to a point that I said "Bob has nowhere to go", and that seemed so unbelievably insensitive on my part, but it was the truth. A social worker handled the move into a nursing home. Your mom is handling an enormous amount of stress I'm sure - I will keep her in my prayers.
There should be an elder law that requires the facility to provide a list of facilities that will take an aggressive resident. It is upsetting enough to move him and starting from scratch just makes it worse. Hopefully they will find the right med(s) to give him some peace. This approach worked well for my mom. Angry Demenia patients are pretty miserable.
While I admittedly don't have a parent(or even a family member) anywhere close to being in a home. I think I can partially relate a different situation. I have a friend who is only 22, with major medical issues as a result of being abused by a baby sitter when she was a baby. She also has some behavioral issues where it has resulted in the local Sheriffs' department using a taser gun on her because they couldn't cope with her behavior. Also, Several local mental health hospitals all individually using Thorazine and Haldol to shut her up. In both situations, this has disgusted me. Because, I know how to treat her without being combative or trying to control her with medication. Far better than the local Sheriffs' department or any of the mental health facilitys' can. She does some seemingly strange stuff at times. But the one thing she does without fail is, she leaves everyone in stitches, including the fire department and para-rescue crews who come when her BP tanks. It may seem irresponsible on the part of a para-rescue crew. But, Just yesterday her BP was bad again. The fire department got there first, followed by the para-rescue crew. She had the fire department and para-rescue crew laughing so hard, that they were falling down, and had to request another para-rescue crew to take her to the ER. A year ago is when they would have called the sheriffs' department and get tasered. Now, While the call may take longer to do a simple thing. They are in stitches because of her behavior, instead of having a combative response to it.

Also, My (late)maternal grandfather had Alzheimers in 1976(when I was 9yrs.-old and my brother was 7yrs.-old). He was kept at home where my grandmother, mother, aunt, brother, and myself, could take care of him. So my younger brother were both the 'police' and 'fire department' depending on who my (late)maternal grandfather would be yelling for.

Family can take better care of someone, than any care facility.
I understand what a worrying headache this is for you, but the facility is not being judgmental about your father in the way that it feels to you as if they are. They have to assess whether or not they are able to handle his care safely, and if they believe that they can't then they don't really have any option but to refuse his return. Don't forget, they are in this for a profit; so they wouldn't turn away business just because they can't be bothered with it or didn't like their customer, would they?

Discuss now with the psych ward what his options will be when it is time for him to be discharged. He has to go somewhere, after all; and they are the experts on what happens to patients leaving their care. This situation is incredibly difficult and I am sorry that you are having to face it. I wish I had something more useful than sympathy to offer.
Yes they can and will the standard for Assisted Living and Memory Care units is that the client can not be a danger to him/her self or others or they must be discharged from the facility
Do you have or know of a good GP in your area you and Mom could have a consult with? MIL had mental health issues all her life, going in and out of facilities, on and off different meds that affected her differently. She was in a pretty nice place, popped an elderly gentleman, (who was in a wheel chair), in the noggin after an they had argument. They put her in an awful place from there, (safety of other patients, staff). I phoned a family member who is an MD for advise, had stayed out of it until then, husband's Mom, not mine. He referred me to an appointment to a husband wife team of psych Docs. They knew the Social Services system, moved her into psych ward of a nice hospital, greatly fixed the meds, got her into a nice place again once they had the meds straightened out. Both those Docs continued to care for her all her life and greatly improved her quality of life. She saw the wife for talk sessions, husband prescribed/monitored the drugs. Most importantly the wife knew how to move the paperwork around. :-) Best Wishes.
Any business has a right to refuse service to anyone. In your father's case, his behaviors have probably crossed their threshold in their ability to manage such care. The other patients have to be considered as well as staff, and their insurance company might be warning them their coverage does not extend to such violent patients. When they returned the money, the contract was voided. Get your father's condition stabilized, while looking for a placement elsewhere. There has got to be a medical reason for his behaviors and the doctors at the psych hospital will find out what it is. Don't give up hope. Your father deserves to be in a place where his behaviors can be addressed. Best wishes!

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