Can an assisted living facility make one of the residents sleep on the floor with just a blanket supposedly for safety reasons?

UPDATED: Jan 8, 2011

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Can an assisted living facility make one of the residents sleep on the floor with just a blanket supposedly for safety reasons?

Assisted living facility where my father is removed all his furniture – bed, mattress, everything. This was due to what they said was aggressive behavior by my father. They said that they were afraid for his safety. When I went into his room, all he had was a blanket on the floor, a blanket to cover up with, and a pillow. Then they charged my mom for a single room as they said they could not have another resident in with him. They did put furniture back in eventually. Is this legal for facility to do this?

Asked on January 8, 2011 under Malpractice Law, Minnesota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I think that you wrote once before or maybe another family member wrote as well.  Their actions were not - in my opinion - the correct ones. To state that they did so to keep him "safe" is ludicrous.  Assisted living facilities are supposed to have medical personnel available to discuss why his behavior is what it is and how to get to the bottom of the problem.  What they did instead was penalize him and your Mother.  There could be a myriad of reasons why his demeanor all of a sudden changed and it is their job to help yo get to the bottom of it. I would consult with an attorney in your area and then with the director of the facility.  I might file a complaint with the state as well.  Good luck.

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