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Milwaukee Family And Elder Law Attorneys

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Evicting seniors from a residential facility has consequences

On Behalf of | Jun 10, 2022 | Elder And Disability Law |

With America’s aging population growing larger and larger over time (because people are living longer), many of our country’s senior citizens live in nursing homes and other facilities that are designed to take good care of them. There are nursing homes all over the country and some provide exceptional care to their residents while others do not.

This scenario exists throughout the United States, including in Wisconsin as well as all of the other states. There are many times when something happens to a nursing home resident and that person needs additional medical care because some sort of injury has occurred. In that case, the person may end up going to rehabilitation for a time before returning to their nursing home residence.

People are living a very long time in many cases

Many family members of a senior who needs to live in a nursing home find it difficult to find the right one and to ensure that their loved one will receive the care and nurturing that they deserve and that their family members wish for them. The older the senior becomes, the more care they are likely to need.

Even with a nursing home that seems to care for your loved one, you may find that something occurs that is not only ethically wrong but is also illegal and there should be consequences for the nursing home if they have violated a rule and thus the senior and their family pay the price for that violation. One such violation is evicting the senior who was a resident and needed to live at the rehabilitation facility temporarily.

Evictions are occurring in Wisconsin

The law states that if a nursing home or some other (similar) residential facility wishes to evict a resident for what they feel are justifiable reasons, they must give 30 days advance notice (unless it is an extreme emergency). The people at the facility must also prove that the resident poses a danger to themselves as the reason that they wish to evict.

If such a situation occurs, very often, the resident’s family members (or other people who must find other accommodations for the senior) must find another place for their loved one to live, which is not always easy to do. The senior’s loved ones decided on that particular living facility to ensure that their loved one was safe and taken care of properly. Additionally, the nursing home must perform due diligence and make a thorough assessment to establish the justification for evicting the resident).

Facing the consequences

If a facility is found to be in violation, they will most likely have to pay a fine as well as ceasing to do what they had been doing before that was a violation. However, the nursing home facility is not the only party to suffer in such a situation. The resident and their family members suffers as well. From a financial perspective, the person often takes a big hit in such a situation. This type of situation is far more common than it should be and in many cases, the nursing home does not have to face any serious consequences.

Solid advice from a knowledgeable attorney

If you or a loved one are experiencing a similar situation, consulting a knowledgeable attorney may make a tremendous difference in your case. It is important to protect your rights as well as your finances while ensuring that you get the care that you need at the same time. A Milwaukee, Wisconsin, attorney may be able to help you to achieve the best results possible.