When a parent runs out of money in assisted living, the community can in time end the residency agreement for nonpayment. State rules set how that happens. Minnesota, for example, requires 30 days' written notice, a meeting first, appeal rights and a coordinated move. Start early. Check whether the community accepts Medicaid, apply for benefits, and call the ombudsman if a notice arrives.
Key facts
- Under Minnesota Statutes 144G.52, a community must give written notice at least 30 days before the termination date for nonpayment. (Minnesota Statutes 144G.52, n.d.)
- Minnesota law requires a community to meet with the resident and their representatives at least seven days before it sends a nonpayment notice. (Minnesota Statutes 144G.52, n.d.)
- As of March 2025, 44 state Medicaid programs covered assisted living services, according to a 2026 GAO report. (GAO, 2026)
- When a person applies for long-term care coverage, the state looks at asset transfers from the previous 60 months, according to CMS. (CMS, 2008)
- The long-term care ombudsman program speaks up for assisted living residents and handles complaints, including improper discharges, and its help is free and confidential. (National Long-Term Care Ombudsman Resource Center, n.d.)
Often you can see it coming well ahead. The savings balance drops a little faster each quarter. Then a care-level increase takes a bigger bite, and the math stops working. That's the best time to act, because every option takes time to set up, whether it's Medicaid, VA benefits, a different apartment or family help. This post covers the warning signs and the contract terms to check. It also covers what to apply for and when, how to talk with the community, and your parent's rights if a discharge notice comes.
How to see it coming
Run the numbers every quarter. Two figures tell you most of what you need to know. The first is the monthly gap, which is total costs minus income. The second is the runway, which is savings divided by the gap. The assisted living budget post walks through both.
Warning signs to act on:
- The runway is shorter than the time it would take to set up the next option. Count yearly rate increases when you figure it. The next option might be a Medicaid approval, a house sale, a benefit claim or a move.
- A care-level change has raised the bill, and the higher bill is likely to stay.
- Savings are coming out of accounts you had planned to keep for later.
- A family member has been quietly paying the shortfalls.
Any one of these is a reason to start the steps below now, while there's still money in the account.
What the residency agreement says about running out
Pull out the residency agreement and look for four things.
- Nonpayment terms. How many days late before a notice? How long is the notice period?
- Medicaid participation. Does the community accept Medicaid or waiver payments? If so, for how many apartments?
- Private-pay period. Some communities require a set period of private payment before they accept Medicaid. Minnesota's standard disclosure form has a place for the community to state how many months it requires.
- Staying in place. If your parent switches to Medicaid, can they keep the same apartment? Or must they move to a different unit?
Also note how much notice your parent must give to move out. The family may decide on a move before the money is gone. If so, that notice period decides when the last private-pay month falls.
If the agreement is silent or unclear, ask the business office to answer in writing.
Benefits to check early, and why early matters
Each of these takes time. That's why the runway matters more than the balance.
| Option | First step | Why start early |
|---|---|---|
| Medicaid (care services in assisted living) | Call the state Medicaid agency or the Area Agency on Aging; ask which program covers assisted living | Care-need, income and asset tests; a 60-month look-back on asset transfers; possible waitlists for waiver slots |
| VA pension with Aid and Attendance | Call a VA-accredited representative | Wartime service, need and financial tests; assisted living costs can count as medical expenses |
| Long-term care insurance | Check whether a policy exists and whether it has been claimed | Benefit triggers and an elimination period before payment |
| Family contributions | A family meeting with the numbers | Needs agreement and clear records |
On Medicaid, as of March 2025, 44 state Medicaid programs covered assisted living services, according to a 2026 GAO report. But Medicaid can't pay for room and board. Waiver programs also let states limit how many people enroll. When your parent applies for long-term care coverage, the state looks at asset transfers from the previous 60 months, according to CMS. A transfer for less than fair market value can delay coverage. So talk to an elder law attorney before any money is moved or the house is sold. Details are in does Medicaid pay for assisted living, and the VA route is in VA Aid and Attendance and assisted living.
For local help, try the Eldercare Locator. It's a public service of the Administration for Community Living, and it connects families to their Area Agency on Aging.
Talk to the community before you fall behind
If you talk six months before the money runs out, everyone has more options than after two missed payments. Ask the executive director or business office these questions.
- Could your parent move to a smaller or shared apartment?
- Could some services be adjusted into a different care package?
- Is a Medicaid apartment open now, or is one expected?
- Could you set up a short payment plan while a benefit application or house sale is pending?
To raise it early with the executive director: "I want to raise something early. At the current rate, my mother's savings will run out in about eight months. We're applying for Medicaid and checking VA benefits. I'd like to understand our options here. Can she stay in her apartment if Medicaid is approved? Is there a smaller unit? And what happens if the approval takes longer than we hope?"
Write down what you're told, with names and dates. Ask for anything important in writing.
Plan the next step before it's urgent
Parent Move Plan includes a shared costs log and a weekly check-in agenda. That way the family reviews the numbers together and decides early. If a move becomes necessary, the day-by-day plan counts every task back from the new move-in date.
Get your first 3 days freeIf a discharge notice arrives
Don't ignore it, and don't assume it's final. Protections come from state law and the residency agreement, and they differ from place to place. Minnesota's law (Minnesota Statutes 144G.52) shows what strong protections look like:
- For nonpayment, the community must give written notice at least 30 days before the termination date.
- A break in public benefits of no more than 60 days doesn't count as nonpayment.
- Before it sends a notice for nonpayment, the community must meet with the resident and their representatives. That meeting must happen at least seven days before the notice.
- The notice must tell the resident that public benefits may be available. It must give contact information for the state's senior help line and state the right to appeal. It must also include the ombudsman's contact information.
- The community must send a copy to the Office of Ombudsman for Long-Term Care. It must also take part in a coordinated move to another provider.
Whatever your state, the steps are the same:
- Read the notice for the reason, the effective date and any appeal steps.
- Call the long-term care ombudsman the same day. The program speaks up for assisted living residents and handles complaints, including improper discharges. Its help is free and confidential. The long-term care ombudsman post explains how to reach yours.
- Ask the state licensing agency which notice and appeal rules apply.
- Call an elder law attorney if the notice seems improper or benefits are pending.
- Keep paying what you can. Write down every payment and conversation.
If your parent has to move
If staying isn't possible, aim for a safe, planned move rather than a rushed one. The options depend on your parent's needs and benefits. One is a community that accepts Medicaid. Another is a smaller residential care home. Your parent could also return to family with home services, or move to a nursing facility if care needs qualify. Tour with the same questions you used the first time, and ask each place about Medicaid.
Before choosing, get four answers in writing from the new place. Ask for its full fee schedule. Ask whether it takes Medicaid and has an opening, and whether it requires a private-pay period first. Then ask whether it can meet your parent's care needs now and at the next level. That keeps the family from facing the same problem again a year later.
If siblings will chip in to bridge the gap, agree in writing who pays what. Splitting caregiving costs with siblings covers that conversation. The whole way through, keep your parent in the decision about where they'll live next.
Frequently asked questions
Can assisted living evict my parent for not paying?
Nonpayment is generally a reason a community can end the residency agreement, but the process depends on the state and the contract. Minnesota, for example, requires at least 30 days' written notice, a meeting beforehand, appeal rights and a coordinated move. Contact the long-term care ombudsman as soon as a notice arrives.
Will assisted living accept Medicaid if my parent's money runs out?
Only if the community participates in your state's Medicaid program and has room. Some require a period of private payment first. Ask before move-in whether your parent could stay in the same apartment on Medicaid, and get the answer in writing.
When should we apply for Medicaid?
Well before the money is gone. Eligibility has income, asset and care-need tests, the state reviews asset transfers from the previous 60 months, and waiver programs can have waitlists. An elder law attorney can advise on timing for your parent's situation.
Who can help if we get a discharge notice?
The long-term care ombudsman program advocates for assisted living residents and handles complaints about improper discharges, free and confidentially. An elder law attorney can advise on legal options, and the state licensing agency can explain the rules.
How do you get out of an assisted living contract?
Start with the residency agreement, which states how much notice your parent must give to move out. If the family decides on a move before the money is gone, that notice period decides when the last private-pay month falls. If the agreement is silent or unclear, ask the business office to answer in writing.
Sources
- Minnesota Statutes 144G.52: Assisted living contract terminations (accessed Sept 2026)
- Minnesota Department of Health: Uniform Disclosure of Assisted Living Services and Amenities (accessed Sept 2026)
- U.S. GAO: Assisted Living Facilities, Information on Federal Spending and Medicaid (GAO-26-107884) (accessed Sept 2026)
- CMS: Transfer of Assets in the Medicaid Program (accessed Sept 2026)
- National Long-Term Care Ombudsman Resource Center: About the Ombudsman Program (accessed Sept 2026)
- Eldercare Locator (ACL) (accessed Sept 2026)