We Are Whelchel & Carlton, LLP

Can nursing homes evict residents?

On Behalf of | Aug 14, 2024 | Nursing Home Neglect

Your elderly loved one may rely on full-time care from others. When you placed your elderly loved one in a nursing home, you expected that faculty would care for your elderly loved one’s needs. However, you may have recently found your elderly loved one discharged from their nursing home. 

If a nursing home wrongly evicted your elderly loved one, you and your elderly loved one may be able to take legal action against the nursing home. In some cases, however, a nursing home may have legally discharged your loved one. Here is when a nursing home resident can be evicted: 

Was the resident a risk to others?

Nursing homes often have many residents with many different needs and personalities. Nursing homes have a duty to provide a safe environment for their residents. Unfortunately, an elderly resident may have a psychological condition that makes them violent toward faculty and residents. As a result, they compromise the safety of other residents. The nursing home may evict an aggressive resident to continue providing a safe environment for others.

Could a nursing home continue providing care to a resident? 

Many nursing home residents suffer from medical conditions. These residents could require intensive medical care. However, a nursing home may not be equipped to care for a resident whose needs are too great. For the health of the resident, the nursing home may evict a resident.

Did a resident fail to pay for care? 

Many residents pay for their residency with Medicaid and Medicare. If Medicaid or Medicare does not pay for the resident’s time in a nursing home and the resident has no other way to pay for the services, the nursing home may evict them.

If a nursing home unlawfully evicted your elderly loved one, you may need to learn about your legal options.