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Age in Place... But Not Here
By Barry Yeoman
Originally published in the AARP Bulletin, November 2005
BLANCHE BELL, TO HEAR HER FAMILY TELL IT, had the determination of a
bulldog—from studying physics at the University of Michigan in the 1940s
because it was the toughest major offered to presiding over a family of six. "She was only 4-foot-11, but she was larger than life," says her son Steve.
So when Bell was diagnosed with ALS (Lou Gehrig's disease) early this year
at 79, she had a plan: to keep her apartment at Bishop Gadsden Retirement
Community in Charleston, S.C., using a motorized wheelchair and hiring aides
to assist with her personal care. "She knew her mind was fine and it would
be possible for her to control her own life with people helping her," says
her attorney, Harriet McBryde Johnson.
Bell's landlord, however, had other ideas. Last June, Bishop Gadsden, a
continuing care retirement community (CCRC) affiliated with the Episcopal
Church, gave Bell one month to vacate her apartment and move into its
on-campus nursing home—or face eviction and forfeiture of her $161,000
entrance fee. Bishop Gadsden reminded Bell that she had signed a contract
giving it full power to transfer her into assisted living or skilled nursing
as her health deteriorated.
Bill Trawick, Bishop Gadsden's executive director, says that applicants are
told about the policy and are "very informed consumers." He insists that
Bishop Gadsden's ability to control such medical decisions is best for the
residents' health and safety—and essential to the institution's bottom line.
In July, Bell sued Bishop Gadsden, arguing that a forced transfer would
violate both the federal Fair Housing Act and the Americans with
Disabilities Act. Although Bell agreed to Bishop Gadsden's rules five years
ago, her lawyers say the contract was discriminatory and therefore
unenforceable. "You can't sign away your civil rights," says AARP's Susan
Ann Silverstein, who is co-counsel in the case.
Bell's attorneys succeeded in staving off the eviction until she died Aug.
17. Since then, her sons have decided to keep the suit alive. "They wanted
to continue what their mother started," Johnson says.
The case, should it reach the courtroom, will raise an important legal
issue: whether CCRCs like Bishop Gadsden may unilaterally transfer residents
into more restrictive settings. So far there have been few challenges to
such policies, which are common in the industry.
But as CCRCs start admitting Baby Boomers—who grew up with the civil rights
and disability rights movements—cases like Bell's are likely to multiply."Ultimately, the question of where we live and what medical care we receive
is at the heart of personal autonomy," says Michael Allen, a lawyer with the
Bazelon Center for Mental Health Law. "We've just seen the very beginning of
the struggle to stay in place."
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