What to do if an assisted care facility is refusing residentsto take their property with them when they leave?

My grandparents were staying in a home based assisted living environment. After multiple falls and visits to the hospital we felt they weren’t being adequately supervised and removed them from the owners home. The caregiver would not let us remove the rest of my grandparents property, which included a brand new window A/C unit, unless we paid for the 4 days prior to my grandmother’s fall that landed her in the hospital for several weeks. This person is not licensed, although she told us she was in the process prior to us placing my grandparents with her. Caregiver was paid full months even when my grandparents were hospitalized.

Asked on July 8, 2012 under Bankruptcy Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are entitled to take your grandparents' possessions from the faciltity that they were in but are no longer under the laws of all states in this country. For the owner to refuse you to take such items placed the owner at risk for a lawsuit for the fair market value of the property refused to be allowed to be taken.

If the care giver was not licensed who had your grandparents in her charge, you should report the situation to your nearest social services department as well as consult with an attorney that practices in the area of elder law.

One option is to bring an action in small claims court for the fair market value of the air conditioning unit that was not allowed to be taken.


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