Can An Assisted Living Facility Kick You Out Because Of Your End Of Life Wishes?
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I came across an interesting article by Paula Span in the New York Times about a couple's end-of-life decision and a New Mexico assisted living facility's reaction to it. Honestly, the title says it all: "Deciding to Die, Then Shown the Door. The story is about Armond and Dorothy Rudolph and their decision to voluntarily stop eating and drinking in order to legally hasten their death without drugs or violence. According to one source this act results in death in usually about two weeks.
The corporate owner of the facility, Fundamental Long Term Care, apparently upon the advice of legal counsel, called 911 and informed Armond and Dorothy they would be evicted. A physician came and spoke with the Rudolphs and determined they were more than capable of making the decision they did. At the end of the day, the Rudolphs were not evicted; instead, their family removed them from the facility and placed them in a private home where they died less than 2 weeks later, surrounded by family who loved them.
According to the article, what the Rudolphs chose to do is legal in every state under federal law. The fact that it is legal, however, does not answer the question of whether an Idaho assisted living facility could evict a resident under the same circumstances.
Every resident of an assisted living facility in Idaho has certain rights; they are set forth in Idaho Code § 39-3316. Among these rights is: "The right to refuse medical services based on informed decision making." The Rudolphs presumably had similar rights. That did not stop the facility from trying to evict them.
You have rights as a resident of an assisted living facility. Make certain you exercise them. Remember, though, just because you have the right to make a decision, does not mean the facility will make it easy for you.
If you have questions about your rights, you should contact an attorney who is well versed and knowledgeable in this area of the law.
