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My parents are 89 and 94 and in assisted living. They have spent nearly all their money there over the last three years. How do I find out their rights? THANKS

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sleeplessin201 - This will sound harsh because we're talking about vulnerable elderly people, but the fact is that living in an AL is a very expensive lifestyle and most ALs are not owned by charities. Their only source of income is the rent their tenants pay. They need the rent to provide the services. Although, unlike a regular landlord, ALs often work with families when their relative can no longer afford to live there, trying to find a good placement and even letting them live rent-free for a short period. But, the bottom line is that families themselves are the only source of 'free' care.
As rocknrobin pointed out, there was almost certainly a discussion of finances when your parents moved in. However, none of us knows how long we'll live nor how expensive our care needs will become before we die, so living beyond your resources is a possibility if money was tight to begin with. If your parents funds are completely exhausted, they will be eligible for Medicaid which will pay for skilled nursing care.
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I don't mean to contradict artist, but NOT all AL's are the same. They will work with you in the moving transition, but they need and want to be paid. It's not personal, it's business. If they have several empty apartments, they might work more with you. Medicaid doesn't even come close to their monthly rent. The harsh reality is their money will soon be gone. Speak sooner rather than later to the administrator of the AL your parents are living in. They can assist with the transition. Get going. You can do this.
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If Dad was a wartime vet, apply to the VA for both of them. It may be enough for ALF. Talk to the financial aid person there.
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call Adult Protective Services in your area for a start. I have seen this happen more then once professionally. I wish I had more to offer.
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Contact the state Ombudsman. They are acvocates for residents in assisted living/nursing home/group homes. There will be one assigned to the one your parents live in.
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New Jersey DOES fund ALF with Medicaid!
NJ EASE (Easy Access Single Entry)
1-877-222-3737
Contact Hours: 8:30a.m. - 4:30p.m.
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We're discussing two different things here: types of care and types of communities.

DEFINITIONS:
"Assisted Living" is a type of care. It means that a person will get support with the 'activities of daily living' (bathing, dressing, eating, etc..). "Personal Care" is very similar. The licenses vary from state to state, but that basically describes AL and PC. Both may or may not offer 'memory care' or a 'dementia unit' and communities may vary in the level of care they'll take on. They do an assessment (it's surprisingly exact) which determines the 'level of care' a resident needs. In my state, a PC or AL cannot care for a resident who is on any form of life support (like a feeding tube - that would require skilled nursing care). But, they are able to take care of people all the way through end-of life (hospice) care.

Some AL facilities are part of a Continuing Care Retirement Community - you pay a very large entrance fee to "buy" an apartment ($80,000 to $500,000+), then your rent is fixed whether you stay in independent living or eventually need AL or SNF. They won't accept a resident who needs care upon move in or who has a diagnosis that will likely result in them having to quickly move into AL or SNF. They must have most of their residents living independently (less expensively) for their business plan to be viable. (Note: Often people don't realize that you don't own the apartment in a CCRC the way you traditionally own real estate. They have to re-sell it before you get your money back and in the meantime you pay a monthly maintenance fee)

Other AL facilities are rental communities. You are assessed when you move in and the amount you pay is determined by the care you need. There's typically a low entrance fee ($2,000 to $15,000, or in come cases $0). You need to have enough money to live out your days there even if the expense increases as you need higher levels of care.

I've 'run the numbers' for many different scenarios and the bottom line is, if you're youngish (early to mid 70s) it can make sense to buy into a CCRC. If you're older, it doesn't really make sense to tie up your assets that way.

If you have long term care insurance it's a whole other bunch of variables you need to consider.
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My in laws were evicted because they were unable to follow the rules like no smoking and they had a dog who was urinating all over the carpet.
They ended up on Medicaid and lived with us for a year but they were a danger to each other so we finally found a good nursing home for them where they could share a room. It was very distressing to have gone through this process with a lot of RED TAPE due to the move from one county to another in CO.
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My first question is"Are they spending their OWN money to live there now?"
Is it thru savings, a sale of a home or insurance? I would check with the administrator to review their financial situation. Sometimes you you can downsize an apartment to lower costs i.e. a studio vs a standard size apt. Some nursing homes are step care facilities and have both assisted living and nursing home care. What level of care are your parents needing? Other options might be adult care homes. These residential group homes can be a less expensive option. Good luck.
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In Washington State, when your money runs out Medicaid will take over and pay but there are conditions. First, the building management must accept Medicaid. Not all do and not all have to. I hope they asked before they moved in. They usually require up to a years notification. One AL building my dad lived in only allowed two rooms ( out of 65 rooms total) for Medicaid and if those where full...to bad. In his ADF he's in now it looks like the transition will be smooth if he lives that long and runs out of funds. VA is an option but be careful with that one. The money is not a lot and might interfere with Medicaid. Get a qualified adviser before asking for VA money. NOT an investment company...Get a qualified elder attorney. Making sure your parents are protected is an important issue as it does happen that someone may take advantage of them. Attend all meetings with them and don't let them sign anything until it has been thoroughly investigated. In 5 years of helping my dad I have seen a few things that made me stop and take a second look. However, having said all that, once your on the right path and have the right info, it is an easy path for Medicaid funding.
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