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Can a memory care facility leave my mom on my doorstep?

Mom has Alzheimer's and is in memory care, we are refurbishing and cleaning her house so that we can sell it. The facility owner knew this when he accepted my Mom a couple of months ago and said it was not a problem. Now he is saying we need to pay by the end of this month or he will drop Mom off at our house and sue us for money owed. Is this legal? Mom is in a wheelchair and we have a two story house on a hill, there is no way we can make our home accessible or safe for someone with dementia.
Status: Open    Mar 03, 2016 - 10:06 AM

Elder Law, Senior Living Communities

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Mar 14, 2016 - 04:41 PM

Please review the contract that you have signed with the company. In the document it should have outlined any changes that you needed for your specific circumstances. Most facility owners know that contracts can be modified to fit the needs of their clients.I would reach out tho them again and make sure to adhere to the agreed upon terms. Paying on set date, the amount of time she will be in their care and all other details. In the interim I would be contacting other assisted living facilities that may can take an emergency case such as this. I would also contact your social worker for assistance in finding reputable companies in your area for immediate help. Please always get things written down in your personal contract to be able to reference for later and note any admendments or changes. I hope things work out.

Jul 15, 2016 - 01:04 PM

It is a difficult situation and the facility probably does have that right. Also, if you signed to guarantee payment then they could also sue for money owed. In the past I have informed facilities that it may be negligent on their part to leave someone who is under their care. That may help them work with you all to see if there is another option. Finally, see if your state has an Ombudsman program that would help resolve this dispute.
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By twoscoties on Sep 28, 2016 - 07:02 AM | Like (0)  |  Report

After reading the inquiry twice to clarify in my mind the situation - it appears that the family thought "someone else" would take care of their mother without payment. It is unlikely that any agency will agree to providing care without payment. It is possible that this facility agreed to wait two months for payments to begin. Not normal, but found in some small towns across America. In this case, it is possible that the non-payment was for a limited time only.

If the mother has Social Security benefits or retirement benefits, that money should be paid to the facility. As stated above, look at the paperwork signed regarding payment for services. If there is no income and the mother can qualify for Medicaid, an application needs to be made.

In rural areas, the cost for care may be lower; in urban areas today the care can average $8-10,000 per month. Also found in many contracts is language permitting the facility to hire at the family's expense private caregivers. Most families are not prepared for these expenses. And no state or governmental agency is responsible for personal living arrangements.

Read the paperwork and abide by the agreement signed.

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