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Is the Assisted Living Community Fee Refundable in California? Know the 80, 60 and 40 Percent Rule

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Your mom moved into assisted living five weeks ago. The room is lovely, but she isn’t settling in. She’s lonely, her care needs have changed and you’ve found a smaller home closer to family. Then you remember the $4,000 community fee you paid before move-in. When you ask about a refund, someone says it was nonrefundable. That answer may not reflect California law. An assisted living community fee refund may be required when your parent cancels before admission, leaves during the first three months or has to move because the facility closes or changes use. The amount depends on when things happen and how much you paid. Here is what to check.
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California Assisted Living Rate Increase Notice Rules and Why Older Documents Still Say 60 Days

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Your dad’s assisted living bill is about to rise. The letter arrives in March and says the new rate takes effect in May. You check California’s regulations and see 60 days. It looks right until you find a newer law saying families must receive more warning. Today’s assisted living rate increase notice requirement in California is generally 90 days in writing. But a Title 22 regulation and an older state admission agreement still use 60 days. Understanding that mismatch can help you question a notice without confusing it with a separate increase for newly needed care.
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What you need to know about Dementia

Dementias are degenerative disorders that develop primarily in the nervous system and selectively damage particular areas of the brain. Some dementias, like Alzheimer’s disease affect all areas of the brain simultaneously, while others, such as frontotemporal dementia, affect the parts of the brain involved in controlling one’s communications and emotions. Still others are caused by vascular disease, brain trauma, or chronic alcohol abuse (Korsakoff’s syndrome) By 2030, 20% of U.S. population will be older than 65 years of age – about 50 million people. Dementia affects 1% to 6% of those older than 65, and between 10% and 20% of those older than 80 years of age. In the next 30 years, estimated 10-20 million seniors in U.S. will have mild to severe forms of dementia. Seniors with history of moderate traumatic brain injury (TBI) have a 2-3 times greater risk of developing Alzheimer’s disease – those with a severe TBI have a 4-5 times greater risk. Even healthy seniors are at risk for falls and head trauma, so any fall to the head, however minor, should be seen by a medical professional and documented. Alzheimer’s disease accounts for 65% of all dementias. There is no direct diagnosis of Alzheimer’s – and while PET scans and other imaging techniques are being studied, none have yet been able to show the presence of Alzheimer’s disease. Alzheimer’s onset often surprises families because vision, movement, and sensation remain untouched while a senior’s memories begin to slowly decrease. Recent memories are affected first, leading to “senior moments” that appear innocent because all other memories, including those from decades ago, remain intact. Eventually those remote memories begin to fade, and lastly the senior’s “crystallized” memories, such as family member’s names and faces, are compromised.   By David L. Raffle, PhD Clinical and Forensic Neuropsychologist www.RaffleBrainInstitute.com
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