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I HAVE an aunt who is in a nursing home for the past 2 1/2…

Customer Question
I HAVE an aunt...

I HAVE an aunt who is in a nursing home for the past 2 1/2 years. She has been doing self-pay. I was advised that when her money gets to point that she may can apply for Medicaid let them know. I request that even though my aunt is not eligible for Medicaid. Now is being told that she has to be out by September 29th. I am asking for at least another month on self pay. I have very missed any payments these last two and half years. I feel as if she is being forced out when I am not really prepared for her to go home. She is unable to be home without care almost around the clock. She has been a good patient without any problems. I feel now that she is being forced out. What rights do we have for at least an extension for another month.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Louisiana

Lawyer's Assistant: Has anything been filed or reported?

NO

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am schedule for a care plan meeting with the staff, finance department, and administrator on next Wednesday. I have never had to meet with additional staff before such as the administrator. This makes me feel as if we have violated something

Submitted: 9 months ago.Category: Legal
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Answered in 12 minutes by:
9/13/2017
Lawyer: Gerald, Esq, Lawyer replied 9 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,250
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald, Esq, Lawyer replied 9 months ago

Hello:

Have they given you a reason for wanting her to leave?

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Customer reply replied 9 months ago
They feel that she will not be able to continue paying and she does not qualify for Medicaid and she never will.
Lawyer: Gerald, Esq, Lawyer replied 9 months ago

If you have not missed any payments then they are jumping the gun on asking her to leave.

Go to the meeting and see what they are proposing. If they do not have a legitimate reason for her to leave then consult a local Elder Law Attorney to see what action you can take against the Nursing Home.

Until we know specifically the reasons that they have it is hard to guess at what that action should be.

BUT it is not likely that they can remove her without cause. There are federal and state laws that protect a resident from being summarily discharged or transferred and threats to do so may be a violation of the law.

See Nursing Home Reform Act,

http://nursinghomeabuseguide.com/resources/nursing-home-reform-act/

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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