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My Mom Died, and the Assisted Living Facility Charged Me Because I Did Not Give Them A 30-Day Notice





Many admission contracts for Assisted Living communities say that you must give 30-

days’ notice when you are planning on leaving. This is not a bad clause and prevents

individuals from finding a “better place” and moving from community to community.

However, in a recent case, I had a client’s mother pass away. Within a few days, they had

removed all her possessions from the room. The assisted living facility then sent them a

bill stating they did not give them a 30-day notice, so the family was liable to pay 30

days. Some Assisted Living Communities in the State of Missouri charge families for an

extra month (30 days) when their loved one passes away because they did not notify the

facility of their intent to give up the room.


I contacted the administrator and was told that since they signed the admission

agreement, they must provide a 30-day notice before discharge, or they will be charged for those 30 days. I asked how someone is supposed to know that someone is going to die in 30 days and was told this was “non-negotiable.”


Note: The current state regulations do not address this language/issue.


What Can You Do Now? If you are looking for an Assisted Living Community, do this:

If you are placing a loved one in an assisted living community, review their contract and

if it states that you must give a 30-day notice before leaving, add the following

statement (or something similar): “I will provide the 30-day notice unless my loved one

dies. I do not agree to pay for 30 days if my loved one dies.” Note: The assisted living

facility may refuse to admit your loved one if you do this, so be prepared to walk away if

they do.


If you have already signed an admission agreement agreeing to pay a 30-day notice:

If your loved one dies and the assisted living facility sends you a bill for 30 days, do not

pay the bill! Instead, let the assisted living facility attempt to sue you and have them

explain to a judge that there was a “breach of contract” because your loved one died,

you did not know they were going to die and therefore could not give the 30-day

notice.


IF THIS HAS HAPPENED TO YOU, PLEASE EMAIL ME AND TELL ME YOUR STORY, I AM WORKING ON DEALING WITH THIS LOOPHOLE, AND I AM VERY INTERESTED TO SEE HOW MANY INDIVIDUALS HAVE HAD THIS ISSUE!


Cheryl J. Wilson, M.S.

advocacy4seniors@gmail.com

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