Anybody know the legality of this?

[Lilsia]

So my grandmother just passed last week. She was in an assisted living facility with hospice care. We have been able to go see her several times in the last few months because of her condition. We followed their rules of making an appointment, wearing a mask, temperature screening, and a time limit of the visits. We now need to go and pack up her very few things to vacate the apartment. The facility is now saying that we can not come in to the building without a recent negative covid test even though we were just there right before she died and did not need one. We would spend less time in there gathering her few belongings then any of our visits. Since we are still paying for this apartment, I can't believe they can legally keep us out. Anyone with legal knowledge about this? TIA

 

[lynxstch]

My guess is that it would depend on what state you are in, what their rules say, and what the assisted living facility's rules are. Is there a big deal about getting a covid test to prove that you don't have it and then go in and get her things?

 

[kymom99]

What is their alternative? Will they pack her stuff up for you?

 

[spiders]

I agree with this ^^

I would expect an offer for them to clear the apartment and return the belongings to you or otherwise, relieve you of payments until they provide such an opportunity to clear it yourself.

 

[JimMIA]

Well, there is legality and then there is common sense. As kymom99 asked, what is their alternative? Are they just going to keep her belongings???

Legally, I'm guessing it's private property and they can do what they want. You are not the tenant, even though you are paying the rent, so you would not have any tenancy rights probably.

But I would appeal to whatever state or county government agency regulates ALFs. Explain the situation to them and ask for their help, and I'll bet the ALF's attitude will change quickly.

 

[fortwildernessishome]

My Mother in law passed away in early March.

Her assisted living facility has been on lock down since then. She had a small apartment there.

We could not go in and get any of her things. They did offer to go into her apartment to get something specific if we wanted.

Finally in August the facility packed everything up and put it in the parking lot, where my husband and his siblings packed it all into a U-Haul.

We did NOT get charged any rent for those 6 months.

It must have been a huge financial loss for the facility as her rent was a little over 4k a month.

 

[kymom99]

My husband used to work in a nursing home. Now, this was full care as opposed to assistive living so people didn’t tend to have much. But I seem to remember that if someone died they would pack their stuff and store it so that they could ready the room for another resident. Also, my mom died in the hospital while residing in a nursing home. I don’t remember what we did about her things but it’s very possible they removed them from the room.

 

[Lilsia]

What is their alternative? Will they pack her stuff up for you?

Oh I did tell them that they can do that. I am waiting to hear back after they "discuss" it.

 

[kymom99]

Oh I did tell them that they can do that. I am waiting to hear back after they "discuss" it.

These are unprecedented times for sure. Good luck. I’m sorry for your loss.

 

[Lilsia]

My Mother in law passed away in early March.

Her assisted living facility has been on lock down since then. She had a small apartment there.

We could not go in and get any of her things. They did offer to go into her apartment to get something specific if we wanted.

Finally in August the facility packed everything up and put it in the parking lot, where my husband and his siblings packed it all into a U-Haul.

We did NOT get charged any rent for those 6 months.

It must have been a huge financial loss for the facility as her rent was a little over 4k a month.

Well what is weird is that they are allowing family visits without having a covid test. Like I said, I have personally been in her apartment 3 times in the last couple of months.

 

[lanejudy]

I’m sorry for your loss.

The facility previously allowed you to visit her under “compassionate” rules. Now that she is gone, they have to revert to the current state rules for visitation at senior living facilities - and in some states this is pretty strict (some don’t even allow for end-of-life visits). If the COVID test is a hardship for you, I suggest discussing options with the administration. But they aren’t trying to be difficult, just following state rules and doing all they can to keep other residents safe from the virus. I know it sounds crazy, but keep in mind these same rules protected your loved one from the virus for several months - please honor the rules out of respect for other residents.

 

[Imzadi]

First, I'm sorry for your loss.

It could just truly be a coincidence in timing. COVID cases and hospitalizations have been going up nationwide in the last couple weeks, as Fall is here and school has started. Rapid tests may be more readily available in your area. So, maybe they have decided they are now making everyone take a COVID test before going in as a level of precaution?

 

[Lilsia]

I’m sorry for your loss.

The facility previously allowed you to visit her under “compassionate” rules. Now that she is gone, they have to revert to the current state rules for visitation at senior living facilities - and in some states this is pretty strict (some don’t even allow for end-of-life visits). If the COVID test is a hardship for you, I suggest discussing options with the administration. But they aren’t trying to be difficult, just following state rules and doing all they can to keep other residents safe from the virus. I know it sounds crazy, but keep in mind these same rules protected your loved one from the virus for several months - please honor the rules out of respect for other residents.

The thing is, we were not there under any compassion rules, they allow all residents to have visitors without a covid test. That is why we were so shocked by them telling us this. But I have an update, after I talked to them and said that we would be fine with them packing up and putting the stuff outside for us, they called back and said that it won't be an issue for us to come in and pack up. Soooo, I really don't know what their problem was.

 

[tvguy]

I live in a community surrounded by care facilities. They are all locked down, no outsiders and I think that may be health code. Not even if the resident is on their death bed.

 

[CarolAnn856]

Allowing visitors for the mental health sake of residents could fall under a compassion exemption. Packing up an apartment would not.

 

[John VN]

DW's aunt recently died at her AL Facility. Ashes went to son and he had to make arrangement for moving company (facility approved) to pack-up AND deliver contents.

 

[Lilsia]

This whole situation is incredibly sad and almost inhumane the way people in senior homes are being isolated in places. I know it is for their safety, but I hope that places are at least able to set up zoom calls with their residents and family. My grandma was also fortunate that she had a small group of amazing hospice nurses that came to see her almost every day so she had that contact when we could not be there. These people are saints and don't get enough recognition. This is my grandma's obituary if anyone would like to see it. She was one of the last holocaust survivors and we don't want to forget. Thanks all. https://www.legacy.com/us/obituarie...=stefania-stankiewicz&pid=196902473&fhid=7335

 

[kymom99]

That's a nice tribute. How amazing what people survived. It's a funny coincidence, my neighbor's name is Sabina and she came here from Germany. I had never heard that name before I met her. Your grandma was one year older than my mom. Her family was from Germany but they came here in the 1800s.

 

[robinb]

I am very sorry for your loss {{hugs}}. My DH's aunt was a Holocaust survivor.

I don't understand why you're kicking up a fuss about taking a Covid test. Take the test and move your grandmother's things. You're making this much harder than it needs to be.

 

[Skywalker]

I am very sorry for your loss {{hugs}}. My DH's aunt was a Holocaust survivor.

I don't understand why you're kicking up a fuss about taking a Covid test. Take the test and move your grandmother's things. You're making this much harder than it needs to be.

I completely agree with this. What's going on in the world right now, if a place requested that I take a COVID test before entering their premises and most especially an assisted living facility with hospice care? Um, I don't understand why the answer isn't just "why obviously yes of course" and then get on with it.