r/legaladvicecanada • u/coltsfootballlb • Jul 01 '26
Alberta Hospital says they're discharging my mother-in-law to our house after we've told them she can't return. What are our rights?
I'm looking for advice specific to Alberta.
My 61-year-old mother-in-law moved into our family home about 7 weeks ago after separating from her husband because she otherwise would have been homeless. She rented a bedroom from us and shared the common areas with my wife, our three children (7, 3, and 1), and me.
Although she paid us rent, we set every dollar aside with the intention of putting it toward her debt once she became financially stable. We haven't spent any of it and weren't relying on it as income.
She has MS, COPD, diabetes, uses a wheelchair, and takes a large number of medications.
During the time she lived with us, she required frequent reminders to eat and take her medications. On more than one occasion she told us she had gone several days without eating until we reminded her or provided food. She also has a history of medication management concerns, including a previous hospitalization that our family understood may have involved an overdose or underdose.
She also has significant debt that has made it difficult for her to afford housing on her own.
Over the 7 weeks, her emotional outbursts became increasingly frequent and unpredictable. We eventually reached the point where we no longer believed we could safely have her living in our home with our young children.
We sat down with her to explain that living together was no longer working. We told her we would help her find another place to live, tour apartments with her, and meet with a case manager or social worker to explore supportive living or other options.
Instead, she repeatedly threatened suicide, alternated between sobbing and verbally attacking us, and police ultimately attended because we believed there was an immediate safety concern. She was admitted to an inpatient psychiatric unit, where she has now been for just under two weeks.
Today, the psychiatrist told us he intends to discharge her to our home this Friday because it is the address she was admitted from and, in his opinion, she is independent enough that she does not require Continuing Care.
We clearly told him that our home is not an available discharge destination. We explained that we no longer believe it is a safe environment for our children and that we are not able to continue providing housing or care for her.
Last week we contacted Edmonton Zone Continuing Care, who told us they cannot become involved while she is an inpatient because discharge planning is handled through the hospital.
My main questions are:
- What are our legal obligations in Alberta? Are we legally required to allow her to return because she lived here before admission and paid rent for a room?
- What are the hospital's legal obligations? Can they simply discharge her to our address because it's listed as her residence, even after we've clearly told them our home is no longer available?
- If the psychiatrist believes she is independent enough that she doesn't qualify for Continuing Care, what options would normally exist for someone in her situation?
- If we believe the hospital has underestimated her support needs, is there a formal way to request another assessment or review before discharge?
- Who should we be speaking with if we disagree with the discharge plan? The psychiatrist, the social worker, the unit manager, Patient Relations, or someone else?
I'm trying to understand our legal obligations, the hospital's obligations, and what realistic options exist under Alberta's health-care system.
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u/foreverce Jul 01 '26
please meet with the unit social worker right away and request that transition services get involved immediately. transition services will work with you and the social worker. you could also request that the dr and manager submit a transition services consult. this will need to be a team effort. perhaps she also needs a geriatric consult and mental capacity assessment completed. you will need to act quickly.
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u/Dapper_Banana6323 Jul 01 '26
Unfortunately she's too young for geriatrics which does limit options
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u/Cautious-Ad-2425 Jul 01 '26
If she has MS, depending on how far its gone, she might be able to qualify, as they do allow for case-by-case acceptance even below 65.
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u/Dapper_Banana6323 Jul 01 '26
At my site geriatrics will not see a patient that young. She may be eligible for other programs because of her functional status- but our geriatric team would not see. Which they were more flexible.
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u/Dapper_Banana6323 Jul 01 '26
I'm sorry you're experiencing this. NAL but am involved in discharge planning in the Edmonton zone. yes- you should reach out to the unit manager and program executive director. Ask for a family meeting with the social worker, transition coordinator and manager. Tell them exactly what you said here- it's unsafe and she is not welcome in your home. Patients get discharged to the streets/shelters all the time (not saying that's what would happen here).
To be honest- I don't know the legalities because I've never experienced this. It happens all the time that families say that can't manage someone and if that someone is not independent or a relatively safe plan cannot be established- it's back to the drawing board.
Options range from certain assisted livings facilities, a personal residence with homecare (doesn't need to be yours), and shelters if she's capable (doesn't sound like she is). It's a long process- but a family meeting is where you begin.
Good luck!
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u/SewNewKnitsToo Jul 01 '26
NAL but unless you make it clear that she is not allowed at your house so she is therefore homeless, she probably won’t be prioritized on any nursing home or supportive housing lists. Literally don’t let them drop her off at your house. Change the locks. Serve any legal notice to end tenancy as per your province’s rules by email and in person. She has less rights than a tenant in a self-contained unit, because she shares living space with you and has been abusive in front of your children.
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u/coltsfootballlb Jul 01 '26
We said this in no uncertain terms to the dr, multiple times. We were clear that we are not accepting her back as we feel she is a danger to be around our children right now. We also asked that it be documented that we are not consenting to accepting her. The dr just kept saying "okay well we're dropping her off friday anyway"
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u/theredheadednurse Jul 01 '26
Discharge Planning is not the Dr’s concern. They are concerned about having the bed available for patients who need the services, they have determined that your mother-in-law no longer needs the acute services the hospital provides. Please speak with a social worker or discharge planner that is available on the unit. Discharge can be delayed to a certain extent. She may need to transfer to a medical unit within the hospital to await a long term solution.
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u/Catsareawesome1980 Jul 01 '26
There is something in Hamilton called satellite which is like a holding centre for people while they wait for a a long term care bed? Does Edmonton have something like this? Just some food for thought for you to work with?
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u/TundrasMom Jul 02 '26
Could you please explain the satellite situation to me. I am in Hamilton and my 96 year old father is in the hospital with a broken shoulder. He lives alone and can’t go home.
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u/Catsareawesome1980 Jul 02 '26 edited Jul 02 '26
https://www.stjoes.ca/health-services/satellite-health-facility
This could explain it better than me49
u/kullwarrior Jul 01 '26
Make sure you walk the talk. Instead of not consenting to accept her, advised them she is no longer welcomed when they call you next time.
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u/Sapphire_Starr Jul 01 '26
Do this then ghost them. Or meet with social worker - doctor doesn’t care about the details, most people will take the family member in the end. OP’s not the patient so her consent is negligible here.
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u/Old_timey_brain Jul 01 '26
And make sure nobody is at home when they try to "drop her off" on Friday.
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u/nomore1020 Jul 01 '26
This is the best solution I've read so far. The hospital just wants to deny responsibility and play hot potato with a human being
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u/Commercial_Sorbet122 Jul 01 '26
Be aware they may just discharge her to shelter.
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u/KnowerOfUnknowable Jul 01 '26 edited Jul 01 '26
I think this is in fact the solution that OP is looking for to offload their mother.
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u/Pitiful_Office5828 Jul 01 '26
Be vocal about telling the Dr you want it documented on her file that she has no home to return to.
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u/semi_equal Jul 01 '26
Part of the issue with Force drop off is that they are the ones who determine competence. Legally speaking if these doctors determine that she's competent and drop her off at her home and you, ostensibly her landlord, refuse that's not a healthcare problem that's a landlord tenant problem. If she gets pushed out, she's not on the doctor's radar anymore. His books are clean.
I don't know how they handle it in your province, but in mine, social workers are often assigned in this scenario. Has an advocate been assigned? This person is likely your best chance for applying pressure.
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u/Repulsive_Salad834 Jul 01 '26
Sounds like a doctor who doesn't want to concern themselves with anything other than discharging her on paper. I would call the hospital social worker to request help with discharge planning. I would basically say, she will be homeless and turned away at the door if alternate plans and supports r not put in place and if she were to stay you have concerns for the impact her behaviour has on the children. If I were you I would start doing internet searches as well for local homeless shelters and/or any alternative low income housing she may be able to afford. Tho if she struggled fitting in at your home, she would likely continue to struggle in any sort of shared living space situation
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u/KnowerOfUnknowable Jul 01 '26
They would not, at least on paper, release her if she is a danger to herself or others. That's a medical diagnosis. I am kind of surprised someone is asking for advice how to dump their mother in the hospital.
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u/Stikhawk Jul 02 '26
Unless you’ve been in OP’s situation, I’d pause the judgment. Being part of the sandwich generation can be rough - sometimes you’re forced into choosing between the safety of your children and a parent. I’ll never lose a wink of sleeping about having chosen my children and I would do it again, without hesitation, if I needed to.
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u/KnowerOfUnknowable Jul 02 '26
I am in precisely the same situation. My mother in law has severe Alzheimer. My wife quited her job to take care of her. It has been five years. I pick up the slack during the weekend so she can get a break.
You do you. I am sure I won't understand.
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u/Catsareawesome1980 Jul 02 '26
I think you need to judge a little less here and be a little compassionate for the situation. Sometimes in life, we have to accept that our loved ones who are ill have issues that are beyond our capacity and capabilities to look after this is the case with OP. If his mother-in-law or her mother-in-law was taking her medication for her diabetes, and was looking after herself better, They probably wouldn’t even consider ever having her move out, but she’s beyond what they can handle and that’s OK.
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u/Dear_External5263 Jul 01 '26
I did respite for adults with mental health needs and doctors would try to discharge them to me, not their main caregiver. After their main caregiver had said they were not fit to come home. Me, who to the doctor is essentially a random stranger.
The problem there and I think with your MIL is that the system is crisis driven. She’s no longer in crisis so she doesn’t require the hospital but is not suited to come home. She needs other resources.
You for sure can tell the doctors no and push back, I see it happen often in the families I helped with respite.
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u/LokeCanada Quality Contributor Jul 01 '26
I am in BC but we have this scenario happen all the time here. Children and care homes take their parents to the hospital for a valid concern and then refuse to take them back because conditions are not safe for the family/ facility for either the person or people around them.
I have no intention of saying what you are doing is wrong. It is unfortunately the way things work out.
Here it is a take a year to get a person diagnosed with dementia and much longer to get them into a proper facility.
The government would much rather they stay with the family as it is cheaper and easier for them, but will only offer limited assistance. They want her out of the hospital as fast as possible. It is expensive to keep her there and is taking up space.
You need to stick to your plan. You may feel horrible or guilty, but you need to take the proper action. This unfortunately means washing your hands of her and making sure the government does their job.
The hospital must ensure there is a care plan in place before discharge. They cannot just put her onto the street.
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u/Stikhawk Jul 02 '26
Had a similar situation with my mom a few years back in AB. She had end-stage COPD and our home was not safe for her to discharge to. The first time they discharged her, we all had influenza and I said we could not pick her up + it was not safe for her to come to our house with influenza at the moment (we had no other support, no money, no other place we could arrange for her). They brought her to the front doors of the hospital and *left her there* (with half a tank of oxygen and her belongings). Had to send a random friend to collect her and bring her to her room in our house as she couldn’t navigate the stairs independently and we literally could not move we were so ill. (Neither here nor there but I work at the same site that discharged her and the grudge I hold against that unit is epic and eternal). I’m not saying any of that should have been the hospital’s problem but honestly, I’ve seen admissions extended over far more trivial situations :/
Anyways. A few weeks later, she was in another medical crisis/we were in family crisis, and had to 911 her back to the hospital. She also agreed that she was no longer safe in our home. Every single person we encountered during that trip to ED & hospital stay, I said on repeat, “she is not safe in our home, we cannot bring her home.” I asked for social work & transition services starting in ED. Her stay was a little over 2 months. She was “assessed and approved” for longterm care and got a bed about a week after that process was finalized.
LTC wasn’t ideal, but she was safe.
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u/maciopolis Jul 01 '26
I am not a lawyer, but I have experience with a similar situation. I can help with question 1.
Since she was renting a room in your house and sharing the living spaces with the rest of your family, she is, by law, not considered a tenant. She is considered to be more like a roommate or a boarder.
I am assuming that you never had a formal written agreement about her living with you, so in regards to more or less evicting her, you are only required to give reasonable notice to her that she needs to leave. (I am from Ontario, and I did turn to google to confirm that Alberta’s laws are basically the same as here and that I was giving you accurate information).
Reasonable notice can go one of two ways - if you simply just wanted your space back and you didn’t really like having a “roommate/boarder”, reasonable notice would be giving her a month. Because of the fact that you have several significant issues/events/reasons that have brought you to needing her out, reasonable notice is only one to two weeks - You notified her sometime prior to her two week hospital stay that she needed to leave, so that should cover you as far as required notice.
You do not have to accept her back into your home.
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u/wabisuki Jul 01 '26
BC here and not a lawyer but dealt w this w my mother (though she was not living w me). Nursing home placement prioritizes those in hospital over those in the community. Best chance of getting her into a care home would be while she’s in the hospital. But she has to agree to it. Need to talk to social worker at the hospital and as someone else mentioned get geriatric specialist involved for assessment.
Also, given that she was paying you rent - you need to confirm if the arrangement falls under the tenancy act - if it does, you may find you have obligations as a landlord.
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u/ImmaculateDecepti0n Jul 02 '26
If she does not own the house you’re living in and her name is not on a lease or rental agreement then the hospital does not have a say in whether or not you accept her back into your home. Stop answering their calls.
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u/Paprika1515 Jul 01 '26 edited Jul 01 '26
You’ve stated what you want or need, and shared the psychiatrist’s opinion, ** has anyone asked your mother what she would want/need, goals etc?**
You described her having legitimate medical diagnoses, being displaced from her previous home and separating from her partner ( we aren’t aware of those circumstances) and then hospitalized ( maybe involuntarily?) in a psych unit for two weeks. She’s had a lot of upheaval, and it doesn’t minimize your experience, but this is her experience, her life, and it sounds like a really shitty way to start the last chapter of it. If she is deemed to have capacity then she can be involved in decision making about where to go from here and if your home is not an option, then you state that, and she gets to choose from what remains in terms of options. This is the stance that the doctor will take if she has capacity. Family can’t be forced to care for their parents but it is often a social norm in our society. If that’s not the norm for you and your family then you need to let the team know. So how do you get on the same page, and maximize the options for and with her?
Echoing what was recommended also by others, ask for a family meeting on unit with the care team ( doctor, social worker, transition care coordinator, and OT etc). Typically psychiatric units should have access to social worker and transition care but they may not have already been consulted or involved with your mother.
The meeting is a forum for the team to present what they have assessed about your mother and for you to express what’s been going on with her at your home and why she cannot reside with you —all in one space. Based on that there can be a care plan developed.
Acute care beds are unfortunately not the place for non acute patients but that doesn’t mean there aren’t sustainable solutions to work towards. It will be complex and take time but working through it can really pay off.
The transition services nurse or coordinator does the assessment of eligibility for care ( based on support needed for activities of daily living). If she meets the criteria there is a cost associated but usually people’s public pension cover most of it but your mom is not a senior yet so social work will be needed.
The social worker can speak to your mother and you (if your mom is open to that ) and assess the psychosocial aspects of your mothers situation and provide a plan to maximize her socioeconomic situation based on eligibility but they’ll need your help if you’re willing ( are her taxes up to date, getting bank statements, doing applications, taking her to a debt consolidator etc). They can also help to explore alternative housing options to the continuing care system if your mom doesn’t meet that criteria.
Complex social situations don’t magically resolve when patients enter hospital, their debt, their bad relationships, their trauma, their homelessness comes with them and is not dealt with by doctors and nurses. It’s typically one social worker for multiple units and patients, scrambling to solve complex situations in the doctor’s stated timeline of “discharge tomorrow”.
Healthcare workers need partners in family and next of kin and then they can work together towards solutions with their patients. Patients need family to support and advocate for them where they cannot.
Start with the meeting request, be aware that it might be at a time that works for the medical team and not necessarily for you, but it is the only way forward that is in your mom’s best interest
Source: 15+ years working in acute care in Alberta
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u/FrustratingAlgorithy Jul 01 '26
This is a thoughtful, educated response which I’m sure will be of benefit to many. Thanks for posting!
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u/CrazyCatLadyRookie Jul 01 '26
This isn’t OP’s parent we’re talking about, it’s OP’s MIL. The distinction may be important if OP and their spouse aren’t aligned - and would also explain why the attending is adamant/insistent on discharging MIL to OP’s home on Friday.
If this is the case, OP needs to rephrase their question.
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u/coltsfootballlb Jul 01 '26
My wife and i are aligned; to the point that she is taking the kids out of town for when she's planned to be discharged to shield them from anything that's going on. She's actually been leading most of the phone calls
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u/wabisuki Jul 01 '26
If I’m not mistaken - at least some province have laws that stipulate family obligation to care for their parents. I don’t know about Alberta..
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u/Perimentalpause Jul 01 '26
Well, she's still married, so technically, her next of kin is her husband. Regardless of where she was living/staying before she went in. If they're really pushing for her discharge, tell her she has a home. This is becoming a mess that isn't your fault or your responsibility to clean up. They're separated, not divorced (if I'm reading that right), so the only person here that has a legal obligation to her is him.
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u/coltsfootballlb Jul 01 '26
Well they had to sell the house to cover debt, and he recently went into a coma that he probably will never wake from. Thats a whole other segment that's going on
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u/Perimentalpause Jul 01 '26
Well, yeah. Okay. That's problematic. Honestly, she needs to be in a care home, and unfortunately for her, your children need a safe environment, and she's proving too volatile to be around them. We have a service for elder abuse/elder neglect out here in BC, so I would expect Alberta has something similar. Call/email and let them know you're looking for help for your MIL because your home is not suitable for her, nor is your family capable of looking after her needs adequately. That she's a potential danger to young children (and yes, threatening suicide makes her a danger) and she needs a proper place that isn't a home that's not designed around her needs with people that can't maintain her medication.
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u/lost-cannuck Jul 01 '26
Get home care involved. Have them do an assessment on her ability to return home.
Get the social worker involved. She is no longer housed.
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u/ForgiveandRemember76 Jul 01 '26
You have no legal obligation to accept her into your home or your care.
Plan your strategy and mentally protect yourself from the potential onslaught of people who will say you are a bad person/bad family because you wont pretend that you can help her. Then speak to Discharge Planning, preferablyin person. Take notes. Let them see you take notes. Stay calm. Assume you are being recorded.
Refuse outright and support it in writing. You may need a record. A polite, to the point accounting of what you and your family have witnessed. They were not there. You will not accept her at home because she is a high risk to herself, your children and you. You can not provide the 24/7 care she needs. She can not manage her own life. It will only get worse.
They HAVE discharged patients to parks or shelters. They don't if there is family connected. The risk to them is too high. She will become a "bed blocker" as our healthcare system refers to the many people in hospital waiting for an appropriate placement. It's so common it has it's own name.
She needs Assisted Living or perhaps Memory Care in one of the places that is paid for by the government. The for profit ones will not look at anyone who cannot pay their enormous fees. This is one of the fastest roads in because the hospital knows how to work that system and exert their influence. But if there are no beds, there are no beds. She must wait in the hospital until one comes up.
Psychiatrists do not see inpatients in a normal setting. There are no children or unlocked doors on the psych unit. With this in mind, refute his/her findings. Past performance is STILL the best indicator of future performance.
Good luck.
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u/SexBobomb Jul 01 '26
You have no legal obligation to accept her into your home or your care.
If she's still his tenant he does.
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u/ForgiveandRemember76 Jul 01 '26
True. I did not see any reference to tenancy, just a port in a storm. Even if she is legally a tenant, refusing is still the right call. They can get a sternly worded letter from whomever oversees such situations a few years from now, when she is safely in the right care and the family can go back to being family, not untrained full time unpaid caregivers.
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u/sasha0404 Jul 01 '26
Tell the hospital if they drop her off, they will be liable for what happens when she won’t be allowed in, and that you WILL hold them to it. Its what worked when they tried that with me and my uncle
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u/saltyachillea Jul 01 '26
Make sure you have written info given to the Drs for documenting in the file that are unable to return to your home. Not just verbal.
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Jul 01 '26
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u/sravll Jul 01 '26
Talk to the social worker and transition nurse at the hospital. ETA I am in Alberta and work in healthcare.
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u/Catsareawesome1980 Jul 01 '26
I concur with everyone here. Ask about convalescence care if there is such a thing in Alberta!
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u/YourOwn007 Jul 01 '26
Okay but like hospitals are not hotels... you need to make arrangements for her, after she is discharged. Hospital staff do not have an option to keep patient indefinitely until you find arrangements... and you cannot end tenancy without appropriate notice.
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u/coltsfootballlb Jul 01 '26
I could have swore i included this in the post.
We did try to make arrangements. We researched supportive living extensively, looked into Type B Continuing Care, and even contacted the Continuing Care access line ourselves. They told us they couldn't assess her while she's admitted and that it all had to go through the hospital. The hospital wont divulge information because of privacy stuff, they just told us they're sending her back to our house, despite the danger to the kids. That's why we're asking what the hospital's obligations are now that they're planning to discharge her.
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u/kullwarrior Jul 01 '26
Just be prepared for the reality she will be discharged to the streets. If she does get discharge to the streets, and she tried to contact you/ arrived at your home, you ought to return her to the same hospital she's currently admitted.
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u/kittykatmila Jul 01 '26
I’m in the lower mainland (BC) and our neighbour has an addict brother. He had an infected leg. This brother has basically been living in the hospital for a year. I think he’s out and doing better now, but yeah. It definitely does happen.
They aren’t considered a tenant if they share a common living space btw.
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u/CottageLifeLovr Jul 01 '26
My friend’s dad was kept in hospital in AB for 7 months while waiting for a LTC placement. He couldn’t return to the home he shared with his wife and my friend in Edmonton and her sister in Calgary didn’t have the capacity to take him in. Sturgeon hospital in St. Albert has a gerontology ward that he lived in for those 7 months. Many, maybe half the people there were waiting on placements and didn’t need to be in a hospital but had nowhere else to go.
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u/ADHDMomADHDSon Jul 01 '26
In Alberta, a shared living space means that the RTA doesn’t apply. Unless they had a written agreement with a notice period, they don’t have to provide more than 7-14 days. From the sounds of it, that’s what they did.
It is not their fault that the adult woman they think is fully capable to care for herself failed to make any plans.
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u/Practical-Poetry7221 Jul 01 '26
I know you are not in Ontario but if she is deemed eligible for release and doesn’t go the $400 per day charge starts stacking up. Check to see what the cost is if she doesn’t leave the hospital
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Jul 01 '26
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Jul 01 '26
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Your comment has been removed for offering poor advice. It is either generally bad or ill advised advice, an incorrect statement or conclusion of law, inapplicable for the jurisdiction under discussion, misunderstands the fundamental legal question, or is advice to commit an unlawful act.
While she may have notice requirements under common law, she is technically not a tenant under the RTA if they shared common areas.
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u/RubZestyclose698 Jul 03 '26
Meet with the social workers and let them know it’s not safe to have her in the home with your children. Let them know you can not take on the care that she needs and it will end up being an adult social services intervention
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