IT CAN HAPPEN: SENIORS GETTING KICKED OUT OF ASSISTED LIVING

dailycaring.com • February 21, 2023
An elderly man is sitting down with his hands on his chin.

I found this on dailycaring.com and thought it real important to share with you (I copied and pasted it here for you to read). This can really happen. PLEASE don't let it happen to you or your loved one!


Terrible, but true: seniors can get kicked out of assisted living


It’s awful, but defenseless older adults are actually getting kicked out of assisted living facilities.


It’s called involuntary discharge and basically means they could be evicted with only 30 days written notice.


As a family caregiver, it’s important to understand why this could happen and how you to protect your senior from a terrible situation.


Regulations around assisted living discharge


Each state has regulations that protect assisted living residents from being kicked out for unlawful reasons.


The regulations and notice period may vary by state, but in general, there are only a handful of reasons that allow a facility to involuntarily discharge a resident.


This includes:


  • Not paying the bill.
  • Needing more health care or personal assistance than the facility is licensed to provide.
  • Endangering the health or safety of other people.
  • Breaking a rule in the resident contract (aka admission agreement).
  • Closing of the facility (going out of business).


Facts you need to know about being evicted from assisted living


If your senior has been told to leave, these basics help you make sure the facility isn’t trying to retaliate against complaints or get away with something illegal.


  • Facilities have to provide written notice to the resident and (if known) to a family member or legal representative.
  • Facilities have to document the reasons they are discharging the resident.
  • In most situations, written notice has to be given at least 30 days before the discharge date.
  • Facilities can’t discharge residents who have submitted a timely application for Medicaid and are waiting to hear about their eligibility.
  • Residents have the right to appeal the discharge decision with the state.


Note: Regulations may vary by state


Where to get help with an assisted living discharge


If your older adult has gotten an involuntary discharge notice, it can always be appealed. Some facilities even have an internal appeals process.


If an internal appeal process doesn’t exist or isn’t helpful, you can file an appeal with the state.


This could be a confusing process, so you might want to involve the local ombudsman. They work independently to help assisted living residents and makes sure problems with facilities get resolved.


It could also help to get a lawyer involved. They can make sure the facility isn’t trying to get around the law.


It’s great if your senior has an elder law attorney, but if they can’t afford to hire a lawyer, contact the local Legal Aid organization.

 

Bottom line


Sometimes, a facility is justified in telling a resident that they must leave. This usually happens when someone’s health or safety is at stake.


But in other cases, the facility may be trying to kick a resident out for an unlawful reason.


To protect your older adult, understand the rules, know that you can appeal the decision, and get additional help if needed.



Know your rights! If you think you or your loved one has been treated unfairly, remember to reach out to an ombudsman or an elder law attorney. They are there to assist you!!

An elderly woman is sitting on a couch covering her face with her hands.

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As Thanksgiving approaches, we’re reminded that gratitude isn’t just a holiday tradition — it’s a way of life. At Assisted Senior Services, we see it daily: in the quiet strength of caregivers, the wisdom of our seniors, and the small moments that make a big difference. We believe gratitude is more than a feeling. It’s a practice. A way of seeing the world, even in challenging times. For seniors, caregivers, and families, this season can stir a mix of emotions. There may be joy in gathering, but also grief, fatigue, or change. That’s why we hold space for all of it — and honor the quiet strength it takes to keep showing up with love. Gratitude doesn’t erase hardship, but it helps us carry it. It reminds us that even in uncertainty, there are still ordinary gifts: a warm hand to hold, a shared laugh, a moment of peace. Whether you’re caring for a loved one, navigating new challenges, or simply pausing to reflect, this season invites us to slow down and appreciate the ordinary gifts around us — a warm smile, a shared story, a helping hand. We are grateful for: • The families who trust us to walk alongside them, through transitions and triumphs. • The caregivers who show up with compassion and grace. • The caregivers who offer comfort, dignity, and patience every single day. • The seniors who teach us resilience, humor, and the value of every day – reminding us of what really matters. This Thanksgiving, we honor your journey. We celebrate your courage. And we’re here to support you — not just during the holidays, but all year long. So, whether your Thanksgiving is bustling or quiet, traditional or tender, we hope you find something to hold onto — and someone to hold it with. From all of us at Assisted Senior Services, thank you for being part of our community. We’re honored to support you, and we wish you a season filled with warmth, connection, and care. Happy Thanksgiving!