Information Regarding Residential Care Facilities for the Elderly Part two
As stated last month, many individuals are receiving care in Residential Care Facilities for the Elderly instead of Nursing Homes (“RCFE).
However, there are some problems individuals are reporting while residing in such facilities. One of them is:
Evictions: There are only five reasons a resident can be evicted from a Residential Care Facility – but a great number of admissions agreement claim nine, 10 and up to 15 reasons.
These reasons are:
1. Failure of resident to pay agreed upon rate for basic services within ten (10) days of due date.
2. Failure of resident to comply with state or local law after receiving notice of the alleged violation (e.g., drug use, assault, violation of probation, etc.).
3. Failure of resident to follow facility policies that are in writing, are stated or referenced in the Admission Agreement and are for the purpose of making it possible for residents to live together.
4. After formal assessment, the facility determines that it can no longer meet the resident’s changing care needs.
5. The facility changed its purpose (e.g., it is surrendering its license and will not operate as a Residential Care Facility for the Elderly (RCFE)).
Be sure to check the California Advocates for Nursing Home Reform webpage – www.canhr.org. They have an eviction fact sheet that is helpful.
Ms. MacDonald’s practice is limited to Estate Planning, Probate & Trust Administration. Ms. MacDonald maintains her practice in the Santa Clarita Valley at 25115 Avenue Stanford, Suite A-209, Valencia, California. She can be reached at 661-294-6464.
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