Imagine this: you leave your loved one in the care of a California nursing home. Out of the blue, the administration tells you that your loved one must leave. A sudden eviction notice like this can cause anyone to panic. However, knowing your loved one’s rights as a nursing home resident can help you handle this situation gracefully.
Know your residents’ rights
Federal and California state laws are very strict when it comes to abrupt eviction. These laws guarantee residents’ rights:
- A resident should receive a formal written notice 30 days before the planned eviction. The notice should mention the reason for discharge, location of the new facility and the resident’s appeal rights.
- Residents have the right to challenge the notice if there are discrepancies in it.
- Residents can dispute the unsafe discharge plans.
- Residents have the right to contact the local ombudsman program.
- A resident can stay put in the nursing home until the administrative law judge makes a final decision.
An eviction notice is not an “order,” and if someone asks you to leave, you can reiterate the above-listed rights.
Are there exceptions to the 30-day notice?
Nursing homes can bypass the 30-day notice period under certain circumstances. If the resident requires urgent medical support or when the resident is proving harmful to themselves or those around them. Similarly, if the resident’s health has improved sufficiently or they have stayed in the nursing home for less than 30 days, the notice period can be shortened. Nevertheless, one still has the right to appeal such shortened notice period and refuse eviction until the court’s order.
What should you do as soon as you receive the notice?
As discussed, the first thing you have to do is appeal the eviction notice. You can do that by contacting the California Department of Health Care Services. Generally, it is a good idea to enlist the help of an attorney experienced in fighting against elder abuse.