Follow
Share

I asked this question yesterday (He is in his last stages of this horrible disease. A few months ago, he has developed anger issues with the staff, and other patients. This memory care unit wants him out of there, and his advocate for the State has found him a place that will accept him, but it an hour and two away from any of his siblings. Now that he is in his last stages, being lethargic, and they cannot find out what is wrong with him, in that respect, they still want him moved. The state is telling me that we have to move him on Sunday no matter what. Is this legal, and what would happen if we just dont move him?) And received a lot of good information, however things have changed a bit.
We as a family did some checking around, and we found a place where my dad was when he had Alzheimer's. They said that they have a bed for my brother, and as a family feel this is a better fit for him. So the manager put the paperwork in motion, but may take a few days because it is the weekend. This memory care place that he is in now, wants him out by monday morning, because the said "they gave the bed away to another patient that will be moving in on monday" I think that is a lie, because when I was there a couple weeks ago, they had like 3 or 4 rooms empty. That manager told me I have to move him Monday no matter what. My brother is lethargic at this point, and what if I cannot move him into the other facility on Monday. What if it takes until tuesday to move him. I cannot bring him to my house. He needs to be changed, fed, etc. I cannot do that. What would be my and his rights? Can they force me to take him out?

This question has been closed for answers. Ask a New Question.
Just tell them you are not moving him until his new place is ready. They will probably fold on their demand.
Don
Helpful Answer (6)
Report

I had a similar issue with my dad. I am in North Carolina and was told that my dad had to be out by a certain date as well due to his aggressive actions. I started looking but of course with his aggression issues it was hard to find a spot. They decided he should go to the "behavioral" unit to get his med's balanced out. They refused to take him since his white blood cell count was out the roof which might be a sign that an infection was at the root of his issues. When I told them I was having a hard time finding a bed they actually suggested I just take him out, drop him off on the street and let the police pick him up. Supposedly the behavioral unit would have to take him then.

In discussion with his gerontologist, she told me not to do anything. They could not force him out until THEY found him a bed. So I stopped looking and told them that I believed the law said it was on them to find us a bed. The Executive Director was livid.....but they stopped hounding me and started looking themselves. I found a place on my own but this gave me enough time to look and be satisfied with the decision.

You might check and see if they can really force you out without having a bed ready somewhere else.
Helpful Answer (5)
Report

Alzheimer's, dementia and memory care are often provided in a secure assisted living or nursing home setting

Patients right will depend on setting IMCO

Nursing home residents have certain rights and protections under the law. The nursing home must list and give all new residents a copy of these rights.

These resident rights include, but aren't limited to:

The right to be treated with dignity and respect.
The right to be informed in writing about services and fees before you enter the nursing home.
The right to manage your own money or to choose someone else you trust to do this for you.
The right to privacy, and to keep and use your personal belongings and property as long as it doesn't interfere with the rights, health, or safety of others.
The right to be informed about your medical condition, medications, and to see your own doctor. You also have the right to refuse medications and treatments.
The right to have a choice over your schedule (for example, when you get up and go to sleep), your activities and other preferences that are important to you.
The right to an environment more like a home that maximizes your comfort and provides you with assistance to be as independent as possible.

Learn more about your rights as a nursing home resident.

For more complete information, see the publications Guide to Choosing a Nursing Home - Medicare Coverage of Skilled Nursing Care
----
Patients’ Rights in Nursing Homes
and Assisted-Living Facilities

When Congress enacted the Nursing Home Reform Act (NHRA)
in 1987, it made sweeping changes to the expectations of the
Medicare and Medicaid programs in their purchase of long-term
care services. The NHRA also specifically addressed a number of
residents’ rights issues, and provided protections to all residents
of nursing facilities that accept Medicare or Medicaid. In addition,
the NHRA required that a review of a facility’s compliance with
residents’ rights be included in the annual standard survey used
to determine overall performance and compliance with federal
regulations. It also requires facilities to protect and promote the
rights of each resident.
Many state legislatures jumped on the reform bandwagon, often
extending the scope of protections afforded to residents and ex-
panding the protection to settings other than nursing facilities.
The residents’ rights protections typically fall into the following
categories:

General rights

Admissions policies

Transfer and discharge rights

Access and visitation righ
Helpful Answer (3)
Report

If he is a ward of the state, the state advocate will handle the move. Try not to interfere. What they are doing is legal when they have custody.
Helpful Answer (2)
Report

Call an Elder Law attorney in your state. Look for a Certified Elder Law Attorney. The will have CELA after their name. It will depend on the laws of your state but if a CELA calls they will likely find more time. It is not good to move those with Alzheimer's so you don't want to move him twice.
Helpful Answer (2)
Report

Took a CNA class the other day on patients right and it said they have to give you 30 days. I'm in Florida but maybe you can look it up online to see if this is a state law or federal law.
Helpful Answer (2)
Report

If I were you and I only had to wait a day or two, there would be NO WAY they would move him. Call Elder ABUSE and report them. Then go to his room and do not allow them to even try to move him. Take the papers with you that you have a bed for him to go into and you only need 72 hours. Make a scene, the squeaky wheel get's taken care of, you are his only advocate, fight for his rights. Best Wishes to you and Him, you and your family deserve it, we do not live in a communist state yet, that I know of. Stand up for your and his rights. Who paid the taxes that are taking care of him and paying their paychecks?????
Helpful Answer (2)
Report

First of all, hire a Functional Medicine MD and have him prescribe supplements which will almost immediately stop the negative mood. Most cases of dementia are simply deficiencies . For scientifically proven evidence, read the research by William Walsh on Alzheimers and behavioral health . Medical doctors don't all know about amino acid therapies which are Medicaid approved and known to improve or reverse symptoms of dementia. There are many other scientists that are providing evidence that once the various deficiencies are corrected, the dementia dissapears or symptoms cut in half and the person becomes stable.
. Melatonin at night Early morning sun exposure, folate, B12, vit D, fish oil, zinc magnesium threanine... Phospatydlserine ... The list goes on and on for reversing these symptoms. Sometimes it's as simple as an electrolyte imbalance and getting 5 hours of solid sleep . Don't take my word for it. Just look for the research. Google words, reverse dementia natural nutrition sleep Alzheimers
Helpful Answer (2)
Report

My sister can also slip into this stage of dementia and by getting BETTER LABS not just going by a CBC, the deficeits can be corrected but ONLY IF YOU GET A DOCTOR THAT KNOWS THE CURRENT RESEARCH TO BE ON YOUR TEAM. Doctors are too busy to know the research and the solutions are already out there to prevent AND to remove the symptoms to where often the person is quite well again and everyone is shocked. Often it's just a UTI that's over treated with antibiotics that stripped the digestive track of beneficial bacteria which is needed for digesting food so nutrients get to the brain.
Helpful Answer (2)
Report

The lovely (no irony) AL my Dad resided in decided he needed more supervision when his dementia erupted after a "psychotic break" when they transferred him via ambulance,against his strenuous objections,to an ER and thence to a psychiatric hospital. HE HAS DEMENTIA. His lovely GP(no irony) had never seen dementia in him,although I had been trying to tell his doctor Dad had major personality changes (the shrink diagnosed bipolar disorder/dementia) ,no short-term memory, fabricated memory,disorientation etc etc.His doctor kept telling me how intelligent Dad was and such a fluent conversationalist! Not the issue, Doc: he is genius level I.Q. and a writer with an incredible vocabulary, but HE HAS DEMENTIA.He was not aggressive,just obstreperous and verbally nasty (hello bipolar).They really wanted to get rid of his verbally nasty,aggressive ex-girlfriend,who was trying to micromanage his care,while his daughters (my sister and I) were living in Nashville,unaware of his diminishing capacity. I moved to his home in Texas just after the psych hospital admission.The AL were going to ship him to a behavioral Alzheimers unit 100 miles away,with enhanced care for unruly dementia pts,which sent an intake nurse who wanted him evaluated for a recurrent medical issue in a local hospital.While he was in the hospital, the behavioral unit declined to take him because of his idiopathic (cause unknown) anemia and the AL refused to take him back because he was discharged from their care.We were offered the choice of a rundown, Medicaid funded "nursing home" or Rusk, the Texas hospital for the criminally insane, with a locked "memory care unit".Sandbagged.Totally sandbagged.We reluctantly accepted the Medicaid warehouse for a month, as the lesser of two evils.I found him a beautiful Memory Care facility,which he still hated as too confining and institutionalised,then moved him to a private handicapped apartment with sitters,Home Health and hospice. Upshot: doctors are often woefully uninformed about dementia (one corrected me when I said Dad had dementia,if not actually diagnosed Alzheimers yet, "Oh,they're the same thing" Not according to the Alzheimers Association and 100% of the literature---don't let doctors intimidate you---they are not God-like,no matter what they're told.They make big, gross errors occasionally.)ALs and nursing homes have ten million laws dictating their conduct which they learn to circumnavigate by the behaviors cited by these letters and the above example---technically legal, but highly questionable morally.The people who advised you to drop your brother on the streets,to be dealt with by cops should be reported to every authority your CELA lawyer can find.The advocate has the power of the State behind them, but your own advocate can advise you of your legal recourse.The care facilities bully and hornswoggle you when they can, use medical terminology and care facility laws and patient rights you are unfamiliar with, to make you conform to their convenience. Educate yourself as to your and his rights---you have to learn to be proactive and self-defensive and wary when dealing with the medical bureaucratic edifice---exhausting sometimes. Good luck! Erin
Helpful Answer (2)
Report

See All Answers
This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter