My mother was living in an independent retirement apartment for 6 years. She was diagnosed with stage 4 cancer in September. I was told she could continue to live in her apartment, but her health decline had everyone concerned. I had her on the list for elevated care, but no beds are available. She receives in home hospice care and I make almost daily visits. This morning the facility sent her to the hospital, because she was lying on the floor sleeping. They said she cannot come back into the facility unless we hire around the clock care. Since they sent her to the hospital her hospice was revoked. They did not call me until after she was sent to the hospital. They were told not to send her to the hospital and if there was any incident that they should contact hospice and me. Their failure to follow the protocol for hospice will likely cost us and has resulted in my mother being taken off hospice. I have to take her to the hospice facility, over an hour from my home to have her reinstated. This is dangerous journey in her health state. Now the facility is stating that I have to pay another months rent, because I need to give them 30 days notice, but they are the ones terminating the lease. Does anyone know what legal recourse I have against her retirement apartment? I feel as though they should have to pay for any of the additional medical expenses resulting from them calling the ambulance. Additionally, I don't believe I should have to pay another months rent since they are the ones making unreasonable demands that are not stipulated in her lease.
I would check with the Ombudsman (their name and phone number has to legally be posted in a conspicuous place within the institution). Also contact an elder law attorney on this situation. Stop by your local Senior Center for low or no cost referrals. Also Area on Aging may have resources you need.
If not get that done before it is time to pay rent again and then tell them to take it to court.
I would find out who you can file a complaint with and do that. Not letting her return even though her rent is current and wanting more money needs to be made public. People need to know what they will be dealing with at this facility.
Get mom reinstated asap to hospice and contact some agencies to get an aide so you can have a break.
The ILF may be obligated to call 911 if they find a resident on the floor. So because OP told them to call hospice and him/her, they are supposed to wait for one of them to come? How long would that take? Five minutes? Thirty? Longer? Were they to leave her on the floor while they waited or help her into bed? (Could they even wake her?) Was someone on staff supposed to wait with her?
As I asked last night, how did the staff even know she was sleeping on the floor? Was she in her apartment or in a common area?
The term "protocols" sounds so official and medical. When the facility told the OP his/her mother could continue living in her apartment, was there an understanding that the mom would be left on her own much of the day, with hospice visiting once a day -- what? for an hour, maybe? -- and son/daughter visiting *almost* every day?
Frustration aside, the terms of the leasing agreement likely address all of this. I would think the OP should carefully read the lease before wasting any more of his/her precious energy on taking action against the ILF.
Again, OP, I am so sorry about your mother's situation and the considerable stress it is causing you.
They forgot the rules.
They acted well outside agreed guidelines, and incurred expense on your mother's behalf without authorisation.
They have cost her money.
They have cost her disruption and travel which are detrimental to her wellbeing because of her frailty.
And now they are asking for more money in lieu of notice, and doing what to put right THEIR original, major mistake?
There's one point to check before you "go postal" on them: did they ask your mother's permission before they called the ambulance, and did she agree?
I wouldn't guess they can rely on your mother's permission to make all the other issues go away, because they *still* ignored the written and agreed protocol and failed to contact either you or your mother's hospice team, and the consequences of their doing that are serious disruption to your mother's care as well as the expense and ongoing difficulties. But in the heat of the moment, if your mother requested or agreed to the ambulance, they could make that out to have been a reasonable action at the time. It shouldn't make them any less liable for the expenses incurred by their error, but it would make what they did less reprehensible.
Neither they nor hospice will be able to pretend that a frail, ill, elderly lady, found in distress after a fall, was at that time capable of weighing up the choice between going to hospital by ambulance but being discharged from hospice, or delaying the decision until she had consulted her next of kin and her hospice team.
You must be spitting feathers!
Was the elevated care to be provided at her ILF, or where?
The hospital will have a discharge planner. Get hold of that person and nail down what the best option for your mother is. If it's possible to put together a good enough care package, what you want is to have every event since this morning reversed to the status quo ante their error in calling the ambulance: your mother back in her established home at the ILF, her existing hospice service reinstated, and supplementary care ready in place for her return.
Do you mean to say that the ILF is already demanding a terminal rent payment, when they sent your mother to hospital only *this* *morning*?
He went from hospice to VA hospice until stabilized, then to a local nursing home where the VA pays for his care. He is still on hospice care. A hospice nurse comes in to see him several times a week, too. He has heart failure, kidney failure, vascular dementia starting, and hallucinations at times. He is down to about 145 lbs from 190 for a six foot man, and cannot walk because his blood pressure plummets if he tries and he passes out. I don't know how much longer he has but am so glad he is getting good care. It's so nice to be able to just walk in and visit him for a while and then walk out, knowing he has good care.
The whole point of protocols is to prevent people in a crisis from flapping around like wet hens and making everything worse.
What do you want to do now? Where do you think your mother will be best cared for? What is hospice advising?
I hope you are able to find an eldercare attorney who will offer you a free consultation. A lawyer should be able to quickly review your mother's lease and tell you whether the facility is acting within the law. If they are, fighting them on this is likely to be a waste of your precious time and energy.
Once you know where you stand, you may be able to negotiate with the facility about that final month's rent. They may be willing to work with you -- worth a try if you have the energy. And if you decide not to pursue it, that is fine, too. I hope you can find time to take care of yourself and not get too wrapped up in this upsetting episode.
Blessings and many hugs to you as you care for your mother...