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At Holden Litigation
We Play To Win

When can a nursing home evict a resident?

On Behalf of | Jun 12, 2023 | Nursing Home & Elder Law Litigation

Healthcare facilities and nursing homes are great places for elderly people to stay and get the care they need. Many loved ones will place their elderly family in these facilities when their elderly loved one’s needs are too great. These facilities often have services to support a large number of residents with various health concerns. 

At times, healthcare facilities or nursing homes have evicted residents. Family members and loved ones may see this as a cruel action. But, there may be a justifiable reason for this eviction. Here’s why healthcare facilities and nursing home evictions happen:

A resident’s needs are too great

Some elderly people have health conditions that are too great even for the facilities they stay in. In other words, the facility can’t meet the needs of the resident. Staff may have issues safely caring for a resident or have established that an elderly person needs special care.

A resident’s health improves

Some residents only intend to stay until their health needs are met. A healthcare facility may provide the help an elderly person needs until they are healthy enough to return to their home. 

A resident is combative 

Unfortunately, some residents are less agreeable than others. A resident simply may not wish to be in a healthcare facility and takes measures to have themselves removed. Or, a resident may suffer from health issues that directly put other residents and staff in danger. 

A resident can’t pay for services 

Most residents have some kind of medical insurance that covers their healthcare needs. If a resident’s insurance is no longer accepted, then a facility can no longer care for the said resident. 

Facilities’ legal rights to evict residents 

Healthcare facilities and nursing homes have legal rights to evict residents. Family and loved ones of the elderly residents may try to take legal action against a facility if they believe their elderly person was wrongfully evicted. Establishments should be aware of their legal rights when creating a defense for their actions.