I am appalled that an independent living facility can get my parents to sign a 1 year contract when they are both fall risks. I found out my parents signed it. I called the director and asked how can they sign them up without any kind of evaluation. I was told they do not need an evaluation. The director knew who I was referring to without telling her their names. She said they strongly suggested assisted living but my dad was adamant they did not want it. My dad has had 2 strokes and my mom can barely walk a few feet with a walker. I told them how badly they are doing in their home and how many falls they are taking and they said there was nothing they could do. I feel like they are just taking their money.
Do you parents say they were high-pressured into signing? Do they claim the director didn't try to steer them to assisted living?
Can you get your mom what she says she wants?
Then later down the road Dad was re-evaluated and it was decided he need to move into their Assisted Living/Memory Care.
I don't remembering my Dad signing up for an one-year Lease. Anything could happen in one year. I believe the Lease was month-to-month but the rent remained the same for one year. If Dad decided to move out, he would need to give 30 days notice.
Like Is there a forfiture of $$ beyond a 30 day Notice / 30 days rent due?
And is the IL a solo free standing IL only?
OR part of a “tiered” community so has a supposed path from IL to AL to NH but each with its own admissions contract & deposit $$ paid in 1 flows over.
OR a CCRC so your folks have paid a huge an entry fee (like 6 figures each) to supposedly enable them to live there forever?
If it’s free standing, you need to find a way to get this voided and $$ returned. You need a elder law atty who does litigation.
If it’s a tiered or CCRC, then the facility has to moved them into wherever the needs assessment shows their care plan can be done.
If your dpoa the IL kinda has to give you a copy of the contract.
The kind my brother had for mom DID not require any incapacity. It allowed by brother access to her financials and to act at her diection. If your mom wants to go to AL, you ought to be able to access HER money to get her in to one.
Your dad can do as he pleases.
In your parents' case, there are no memory issues addressed - your profile only indicates mobility issues. You also indicated the director "... said they strongly suggested assisted living but my dad was adamant they did not want it." If dad wants it and signs for it, so be it. If dad had cognitive issues, perhaps there might be a way out of this, HOWEVER, in any case even if there is a way "out", what will dad have to say? Being of sound mind, he can decide to live where he wants to, no? Right or wrong, it is still his/their decision.
The good news though - you indicate many falls at home; At least if/when either falls in the IL area, (in their own room maybe not, but are there "call" buttons or phones?) there are many others around who can help or call for help. At home, yes if one has not fallen and has access to a phone, a call for help can be made, but they would likely get help quicker with others around.
Even if you have DPOA, it cannot be "activated" until the principle is deemed incapacitated. So, other than working on your dad (wouldn't hold my breath!) and asking the administration what the deal is if they need to move to A/L (assumption is they have tiers in the place), I really don't see anything that you can do about this.