Can a resident be forced to leave an assisted living community?

  1. Molly Dworken 10/16/2012 05:33PM

    The answer is yes. There are a number of reasons that an assisted living community may require a resident to leave. Commonly, the community will require a resident to leave in the event that the resident's healthcare needs change and the community does not offer the level of care or type of service required to meet those revised needs. In other cases, the resident may be in violation of the community's rules and regulations as specified in the admission agreement. This portion of the contract may cover such issues as resident's behavior, giving the community grounds to evict residents who are disruptive, abusive, threatening, violent, or acting in a manner that poses a danger to themselves or others.

    Assisted living communities also may require a resident to leave for non-payment of fees. The consequences of non-payment will be spelled out in the contract that the resident signs before moving in. Look over that contract carefully before signing to understand the terms of payment. If financial circumstances have changed to the point where payment is becoming difficult, check with the billing department to see if some type of alternative payment plan is available.

    Laws and regulations governing residential eviction issues vary by state. However, as a general rule, the assisted living community must give the resident notice (usually a minimum of 30 days) and cite the reason for requiring him or her to leave. Residents may have the right to appeal the eviction decision. Seek the advice of an attorney who specializes in elder law to explore your options.