Legal Question in Elder Law in California

If the facts are as you state, you have a legal right to challenge what is basically an eviction by making a complaint to the agency that licenses the AL facility.

1. Title 22 does not require placement in a special memory care unit for a resident with dementia. Confirm that the part of the facility she is in has a dementia waiver or a plan of operation allowing them to accept residents with dementia. You can call the licensing agency -- California Community Care Licensing at 805-562-0400 and ask them. I assume it does if you Mom has been there 3 years.

2. Unless your Mom signed a continuing care contract, you can file a complaint with licensing challenging this as an illegal eviction under Title 22 Sec 87589. They can only relocate your Mom if she has developed new needs that they are not able to meet in the unit where she is now. Call licensing at 805-562-0400 to challenge the eviction.

3. Ask the AL facility for a complete copy of all your Mom's file -- so you will know what they have documented as her conditions and needs. They may have filed the file with false documentation to bolster their case.

4. Have your Mom's personal physician (not the house physician at the AL facility, who may be biased in favor of the facility) document that she can do all ADLs except meds and food prep. Give a copy of that report to licensing and the AL facility.

5. I also suggest that you call the Ventura County Ombudsman -- see their website, http://www.ombudsmanventura.org/ -- they are a federally funded watchdog group for residents of AL and nursing homes. They will help you challenge the eviction, assuming that you want your Mom to stay there. If this is the only problem you have with the facility, and she is getting good care and is happy there, then it is worth the fight.

If you have a continuing care contract, go ahead and contact licensing, but the contract may give the AL facility more discretion to move your mother. Good luck.