We moved my dad from one Asst Living due to not keeping up with his care. We didn't give the 30 day notice, and wrote the 'vacate' letter stating why. They're charging him for January. Too many attorney websites and they don't reply. Any recommendations? The AL has been reported to HHS for investigation and I have a claim number. Can they put dad in Collections? I just need the name of an attorney.
As per your Dad's lease, if it says that one needs to give 30 day notice, one has to give notice no matter what is the situation. Thus Dad would be charged the January rent.
Please note the cost of a Elder Law Attorney to fight your case probably would be more than what was the monthly rent that your Dad needs to pay. I wouldn't want to put Dad or you through all that stress. And if you lose the case, you may need to pay for the nursing home attorney fees.
The bigger issue would be -to me - if you or your sister can be held responsible for payment. If only Dad signed admissions paperwork, it’s his debt entirely and nothing really AL can do if he has no assets. Even if turned over to collections. His SS and VA income is protected income from creditors except for the irs and the state as they are “super creditors”.
SA has several CELA & NAELA attys. This site has a list of attorneys as well. But medical malpractice is specialty legal. I’d suggest you clearly ask if they do both elder law, medi mal & litigation arising from either. I’ve done legal filings in Bexar & if litigation involved expect a significant retainer to pay. In my experience Most elder law attys do not do litigation, it’s speciality work done by a few.
They tried to give us the "30 day" speech, but my SIL talked them into ignoring that, if we didn't report them for malpractice, malfeasance or whatever.
You probably need a lawyer to write a fairly simple letter.
Re 30 day notice, NO if they did not provide the care that was ON THE CONTRACT, then a 30 day notice doesn't apply because the contract is null and void--we didn't pay for the full 30 days--the AL sent me an updated invoice which I requested--we only paid for the 2 days in January he was there. Every case is different. We had a lot of documentation and emails.
You make valid points. You were on top of the situation with your email notifications. You understood and documented the care the patient didn’t receive. You knew your contract. You stayed engaged.
I’m glad it turned out well for you.