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Can an assisted living facility legally demand 30 days’ notice?

Hospital says mom cannot return to assisted living. AL facility is demanding 30 day notice. Can they do this? Assisted Living facility in PA sent mom to the psych hospital. Hospital said she could not return to AL but the facility did not have any beds in Dementia Ward so she had to move to a different facility. Assisted living facility says she must still give 30 days’ notice even though they could not accommodate her needs. They are going to fill her AL apartment right away but insist that she pay the full 30 days anyway. Can they legally do this?
Status: Open    Feb 24, 2015 - 02:25 PM

Elder Law, Senior Living Communities

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2 answers

APFM Staff Answers

Feb 25, 2015 - 02:02 PM

Every state has their own regulations concerning what an assisted living can and cannot do pertaining to resident's rights. You will want to contact your local Ombudsman's office and consult with them. They are primarily connected to the council on aging offices. Please use this link to find your regional office and give them a call:


Oct 25, 2015 - 04:28 PM

Whether or not it is legal, it certainly is not ethical. If they rent her room to another resident, they can't ethically charge you for the same space. At the very least there should be some rebate for meals not taken. Check with the ombudsman, as the expert advised and check with a lawyer too if you find out that this practice is not allowed in PA. Most facilities do require 30 day notice, but exceptions are made. Since the facility could not accommodate her needs, this should be one of the exceptions.
Comments (1) | New Comment

By donna on Jul 28, 2016 - 02:19 PM | Like (0)  |  Report

I have a brother, 56, who was living in an AL. His is schizophrenic. They weren't treating him well and were very lax with his medications. I called them and told them I was moving him on June 10, 2016. They told me I had to give them 30 days written notice which I did on June 16th. On July 2nd, they called and asked me exactly when I would be moving him because they had someone "waiting for his bed". I replied that I could move him on July 5th. During all this time I had been asking them to mail me a copy of the "agreement" that my barely coherent brother had signed two years ago. They said they would, but never sent it. Then they sent me a bill on July 27th for the whole month PLUS a $40 late fee. I again called and asked them for a copy of the agreement. Now they are saying that they can't give it to me because I am only my brother's payee and have no power of attorney. So....another hoop to jump through. Write a letter saying that it is ok for them to send me the agreement and have my brother sign it. I was fully expecting to pay for July 1-16th....but not the full month and a late fee. Can they do this?

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