We received a 60 day move notice 2 days after Christmas for my mom. She is 94, was just diagnosed with vascular dementia and we were changing her medication to balance her behavior and moods swings, something the AL knew about (they are a B&C home with mostly new, untrained staff, no activities/interactions, and at best, not the greatest food). We were forewarned back in October that her continued rudeness, behavior and treatment of staff were not acceptable and perhaps she wasn’t a “good fit” for them or herself. They alleged that in exit interviews, staff cited mom as part of the reason they left their job. We had read the house rules to mom several times (which they provided us with a copy of after her first incident) and told her there is a level of expectation that she be kind, courteous and respectful to everyone there. She (as always) replied that it takes two, there’s 2 sides to every story, and she didn’t cause the situation. Well, both my sister and I experienced first hand how she is and has become over the past few years to us. When the notice came we weren’t surprised but hoped the management would have called and talked to us, and waited until after the holidays to evict her. At the time she was just beginning new dementia meds, but had also been hospitalized for influenza and diverticulitis and when she returned was quarantined to her room for 5 days. She also experienced delirium from her illnesses. Needless to say, we found a much better place for her that specializes in all stages of dementia care and has actual nursing staff on hand 24/7. She is still a brat but they are able to handle this situation better than her prior place. I wish you luck, don’t take an eviction personally, and you’ll find the right place for your LO. We have a good friend whose business specializes in senior care placement, so they have been a godsend in helping us find a suitable home for mom.
Sexually aggressive behavior towards other residents, act of violence, and in some cases threatening language can get a person removed from a care facility.
My father is in AL/Memory support in Pennsylvania, a not for profit, and I was told the only way we may be asked to move him was in the event of violence towards other residents or staff - and even then, before a final decision is made, behavioral therapy and medication would be incorporated into his care plan.
My father is in AL/Memory support in Pennsylvania and I was told the only way he may be asked to leave is violence towards other residents or staff. Thankfully, he's not violent.
This can be random and often is NOT clarified in the admitting contract. Mom was in IL and they tried to force her into AL. They get to charge more money and she gets one room instead of an apartment. Fortunately we had the funds for private care, otherwise she would have had to move.
This question's 'answer' depends on the facility's guidelines, rules, etc. Ask the administrator / executive director, social worker, administrations. They could also have guidelines of 'acceptable behavior' in the contract you sign.
If needed, you could also contact the licensing board of nursing homes or facilities and see what they say.
Everyone's response here may be different depending on the person involved in the behavior, the facility's abilities to manage / handle, and their rules and regulations, which I presume would also include licensing rules they need to abide by.
I ask you to provide more information here in your question to provide a more appropriate helpful response. i.e., What behavior are you concerned about? Are they in a facility now? - If yes, what is going on? Who is the person you are concerned about? What is their medical diagnosis? What is your concern or need? i.e., to find a facility that can or will handle specific behavior(s) or conditions?
Do consider that 'all' facilities do not offer 24/7 care unless there is a sitter at their bedside (from my understanding). If behavior needs to be managed, you may need to (ensure) acquire outside caregivers to be present some of the time.
When my mother got kicked out of a facility a year and a half ago for being too demanding. I called all the facilities I was supposed to report them did everything met with the owner he was a rude, mean man and didn’t care at all.
Yes, as others have said this depends on several things:
1) The contract you/they signed when they arrived, were admitted or signed up to live there. Sadly, the paperwork for these facilities (SNFs too) is a legal contract and having an attorney (elder care attorney) review the agreement prior to signing anything is key as generally there are no "do overs."
2) Exactly how is the facility regulated, which laws apply? Most ALs, are State-regulated AND each State's rules, protections for residents, appeals, reasons for an involuntary discharge DIFFER greatly. Some ALs (not many at ALL) may also be regulated by the US Gov. A Medicare- and Medicaid-qualified Skilled Nursing Facility or Post Acute Care Rehab facility would be regulated by the US Gov.; and thereby more rules and protections are provided to residents.
3) What is the facility licensed to legally provide? Many ALs, are NOT "level 4" types which can do more things, many are more room and board types. Therefore, if a LO needs more medical and/or mental/behavioral care than that which the AL is licensed to provide; an involuntary discharge may occur.
4) There are many "obvious" reasons for an involuntary discharge (failure to pay the bill if private pay; failure to qualify for Medicaid, if it is one of the few Medicaid AL facilities) and there are many behavioral reasons such as danger to self and others when/if the LO becomes unmanagable (such a violent behavior, wandering if not a locked facility; unable to eat/feed themselves; and a long list of other situations which would have been referenced in the contract).
If you do not have an elder care attorney licensed in the State where your LO's facility is located; it may be time to engage them so that you/your LO is protected AND to also to be able make alternate discharge plans if your LO indeed needs to move. AL generally is not a place where once the individual has more medical, behavioral and/or mental health problems can realistically stay as most of these facilities are NOT licensed for this "higher level" of care and their staff are not trained to handle this level of care if needed.
Ironically, I've just had to navigate this path recently with my loved one. As most mentioned, you can find a list of behaviors that would place someone at risk of getting kicked out of a facility in the packaging (or leasing agreement). If someone is at risk of getting kicked out of a facility, I recommend contacting the local ombudsman to mediate the situation and social services to request for an appeal. I even went so far as to file a complaint with US Department of Housing.
I asked this question a couple months ago. As mentioned, the official rules will be in the admission packet . however, I have found enforcement of the exact items can vary. The AL can make an overall decision and might take into account how many violations have occured, and if they continue despite trying to rectify the situation. FOr me, things are ok, the AL has not mentioned anything close to being kicked out. I did see in my dad's quarterly care plan update, they have added in " Has a history of demanding behavior with staff and is quick to mistrust. The care team will monitor for changes in condition and conduct a reappraisal as appropriate". However there have been no warnings to me about possible expulsion . I dont think my dad is the worst behaved in the place either, and the others have stayed on too. Do you want to elaborate about which behaviors you are concerned with in your case?
They will be carefully and fully enumerated in your admission packet. If there is any question do speak with the admins of the facility. Do know that most ALF and MC facilities are private businesses that make their own rules and regulations, and one varies from others.
Look at the contract that was signed upon admittance to the Assisted Living facility. It should explain what circumstances under which a resident would be asked to leave. The resident handbook may also contain the rules of the AL that must be followed.
Well my step-mother was causing issues in the dining room, she intentionally dropped a bunch of plates on the floor and tried to punch another lady because she was sitting at the table she wanted to sit at.
More incidents, if she continued she would have to be moved to another facility, well we got her on new meds and she has been ok.
We had read the house rules to mom several times (which they provided us with a copy of after her first incident) and told her there is a level of expectation that she be kind, courteous and respectful to everyone there. She (as always) replied that it takes two, there’s 2 sides to every story, and she didn’t cause the situation. Well, both my sister and I experienced first hand how she is and has become over the past few years to us.
When the notice came we weren’t surprised but hoped the management would have called and talked to us, and waited until after the holidays to evict her. At the time she was just beginning new dementia meds, but had also been hospitalized for influenza and diverticulitis and when she returned was quarantined to her room for 5 days. She also experienced delirium from her illnesses.
Needless to say, we found a much better place for her that specializes in all stages of dementia care and has actual nursing staff on hand 24/7. She is still a brat but they are able to handle this situation better than her prior place. I wish you luck, don’t take an eviction personally, and you’ll find the right place for your LO. We have a good friend whose business specializes in senior care placement, so they have been a godsend in helping us find a suitable home for mom.
Ask the administrator / executive director, social worker, administrations. They could also have guidelines of 'acceptable behavior' in the contract you sign.
If needed, you could also contact the licensing board of nursing homes or facilities and see what they say.
Everyone's response here may be different depending on the person involved in the behavior, the facility's abilities to manage / handle, and their rules and regulations, which I presume would also include licensing rules they need to abide by.
I ask you to provide more information here in your question to provide a more appropriate helpful response. i.e.,
What behavior are you concerned about?
Are they in a facility now? - If yes, what is going on?
Who is the person you are concerned about?
What is their medical diagnosis?
What is your concern or need? i.e., to find a facility that can or will handle specific behavior(s) or conditions?
Do consider that 'all' facilities do not offer 24/7 care unless there is a sitter at their bedside (from my understanding). If behavior needs to be managed, you may need to (ensure) acquire outside caregivers to be present some of the time.
Gena / Touch Matters
1) The contract you/they signed when they arrived, were admitted or signed up to live there. Sadly, the paperwork for these facilities (SNFs too) is a legal contract and having an attorney (elder care attorney) review the agreement prior to signing anything is key as generally there are no "do overs."
2) Exactly how is the facility regulated, which laws apply? Most ALs, are State-regulated AND each State's rules, protections for residents, appeals, reasons for an involuntary discharge DIFFER greatly. Some ALs (not many at ALL) may also be regulated by the US Gov. A Medicare- and Medicaid-qualified Skilled Nursing Facility or Post Acute Care Rehab facility would be regulated by the US Gov.; and thereby more rules and protections are provided to residents.
3) What is the facility licensed to legally provide? Many ALs, are NOT "level 4" types which can do more things, many are more room and board types. Therefore, if a LO needs more medical and/or mental/behavioral care than that which the AL is licensed to provide; an involuntary discharge may occur.
4) There are many "obvious" reasons for an involuntary discharge (failure to pay the bill if private pay; failure to qualify for Medicaid, if it is one of the few Medicaid AL facilities) and there are many behavioral reasons such as danger to self and others when/if the LO becomes unmanagable (such a violent behavior, wandering if not a locked facility; unable to eat/feed themselves; and a long list of other situations which would have been referenced in the contract).
If you do not have an elder care attorney licensed in the State where your LO's facility is located; it may be time to engage them so that you/your LO is protected AND to also to be able make alternate discharge plans if your LO indeed needs to move. AL generally is not a place where once the individual has more medical, behavioral and/or mental health problems can realistically stay as most of these facilities are NOT licensed for this "higher level" of care and their staff are not trained to handle this level of care if needed.
Do you want to elaborate about which behaviors you are concerned with in your case?
If there is any question do speak with the admins of the facility.
Do know that most ALF and MC facilities are private businesses that make their own rules and regulations, and one varies from others.
More incidents, if she continued she would have to be moved to another facility, well we got her on new meds and she has been ok.