How much notice must a Virginia assisted living facility give before discharging a resident?
Once a facility decides a discharge is coming, it must begin and document discharge planning immediately, tell the resident and legal representative the reason, normally complete the move within 30 days, and give written notice of the actual date and destination at least 14 days before the move.
For public-pay residents, such as people receiving an Auxiliary Grant, the eligibility worker and assessor must also get that written notice. If the facility cannot meet the 30-day timeframe despite persistent efforts, it must document why.
At discharge the facility gives a dated statement signed by the licensee or administrator explaining the move.
| Planned discharge | Emergency discharge | |
|---|---|---|
| Trigger | Needs, conditions or circumstances change | Immediate, serious risk to resident or others |
| Notice | Reason at start; written date and place 14+ days ahead | Reason discussed before; written follow-up within 5 days |
| Timeframe | Move normally within 30 days | Immediate |
Can a Richmond assisted living facility discharge someone immediately?
Only in an emergency, when the resident's condition presents an immediate and serious risk to the health, safety or welfare of the resident or others; then the 14-day advance notice does not apply, but the reason must be discussed with the resident beforehand and the family notified no later than the close of the following day.
Written information about an emergency discharge must follow within five days. If you believe a so-called emergency is really about money or convenience, call the ombudsman and ask VDSS licensing whether the discharge met the standard.
How much notice can a facility require when a family wants to move out?
Each Virginia assisted living facility sets a written policy on how much notice a resident must give before moving, but the required notice cannot exceed 30 days, and the facility must help the resident prepare for the move.
Read the resident agreement for refund terms on prepaid rent and any community fee. Transportation of the resident and belongings is the family's responsibility, though the facility must assist with the transition.
Do Virginia assisted living residents control their own money?
Yes: under Va. Code § 63.2-1808 a resident is free to manage personal finances unless a guardian, conservator or committee has been appointed, and if a resident asks the facility for help, the funds must be documented and kept separate from the facility's money.
Residents choose whether their funds are held in an individual or pooled account, and any interest earned belongs to them.
Where can Richmond residents read their full rights in assisted living?
VDSS publishes a Rights and Responsibilities of Residents of Assisted Living Facilities document that facilities must provide and post, based on Va. Code § 63.2-1808; ask the facility for a copy at admission and keep it with the resident agreement.
Last verified: October 2026
Source: 22VAC40-73-430 and -80
