CAPSTONE VII, Scottsdale, an Investment Fund of San Francisco based The Reliant Group, will be in court tomorrow, Wednesday, October 30, 2013 in Phoenix, Arizona as the Plaintiff in a lawsuit attempting to evict the Defendant in the action, Mr. William Kilburn, of Scottsdale, Arizona. A Resident of Arte Resort Retirement, a 3 year old Valley property known for its beautiful Art Deco throughout, as well as its inability to obtain real occupancy numbers befitting such an outstanding looking property with hard working staff, bankruptcy, and a reported sale of the property at a significant loss already. Managed by Senior Lifestyle Corporation of Chicago, a major player in the ever expanding and often controversial Assisted Living industry, the property was recently acquired by The Reliant Group and subsequently SLC was hired, presumably to fill its over 100 luxury style vacancies, yet in four months time, little forward action is visible or apparent from sources close to the operation of the troubled facility. At issue in Mr. Kilburns case is the fact that shortly after the property transferred hands June 15th, he was directed to give up his leased two bedroom apartment, medically necessary as he has a live in specialized Medicine Technician and Caregiver, hired and paid by the facility from funds received for that purpose from his Insurance, the State of Washington, Department of Labor and Industries/Workmans Compensation, the responsible party. Mr. Kilburn was directed, with ONE days notice and without any written justification to give up his Doctor prescribed Caregiver who administers life supporting medications and interfaces with numerous doctors monthly in person and told he would be relocated to one of the small 477 sq. ft. SRO style rooms in a largely unoccupied area of the complex. Following this incident and mounting charges for meals and services that were previously included in his inclusive room, board, and Caregiver paid fees of $7214.00 per month, Mr. Kilburn felt obligated in a sense of self-preservation to hire Attorney Roie Bar also of Scottsdale, AZ, to defend his rights and privileges as a Resident and an Assisted Living patient. After months of asking for better and more complete record keeping on Mr. Kilburns part, Attorney Bar readily obtained them and confirmed Mr. Kilburns worries that there may be serious accounting irregularities stretching back to the time of occupancy under the prior owner, Avenir and its management company, Encore Management, and continuing on under the current owner and management team. These irregularities are not small in size and amount to over $39,000, although Mr. Kilburn is quick to say he is not an accountant, he readily points out that with 20 years experience in Property Management prior to his disabling accident, he does not remember an incident of more brazen playing with the numbers as he calls it. In fact, it was Mr. Kilburns continued consternation at the loss of his apportioned care budget dollars to these questionable charges that led to him voicing loudly (as the majority of Residents report difficulty in hearing others speak at the monthly Town Hall meeting), his fears regarding a huge cut in available funds for his needed care through the absorption of the funds meant for his care into the general ledger of Artes operating budget. In addition, Assisted Living Abuse, has received reports from numerous other Residents of Arte regarding mysterious new monthly charges that appear to be clearly included already in their Leases, as part of the rent and with so many on fixed incomes, these new charges can really hurt. Others, are less evasive and describe the charges as double billing, but we have yet to receive an explanation in writing, according to multiple Residents, of such things as tax and food charges for larger portions, often necessary as the portions for the average age of Residents are kept relatively small. Mr. Kilburn may soon not have to worry about meal sizes, double billing allegations, or the charge of defamation because he dared speak up at a public meeting, after repeated refusals by Senior Lifestyle Corporation Regional Director, Terri Traxel to meet privately to discuss alarming issues, as The Reliant Group may be successful in evicting him and thereby terminating his 5 year lease that is guaranteed for payment, he reports, by his Insurance. One would naturally ask, If his Insurance wants to pay, how can he be getting evicting for non-payment?. And here the story gets a little unusual for The Reliant Group, through its management company Senior Lifestyle Corporation, REFUSES to bill the insurance until Mr. Kilburn complies and relocates internally or externally causing him to report that he feels highly pressured, bullied, and even threatened for his security. Research indicates the new owner/management team is now asking significantly more in rent for the disputed apartment and Mr. Kilburn states there have been terse statements from management that his continued occupancy is not feasible because of logistics, yet nothing other than the eviction for non-payment, regarding their justification, has been put in writing. We here at Assisted Living Abuse are reminded of that saying, If it isnt in writing, it isnt so and when applied to The Reliant Groups newest gem, Arte Resort Retirement, just isnt so when it comes to explaining this attempted eviction for non-payment when the insurance company, according to documents obtained by ALA, clearly show a complete readiness to pay as soon as a bill is generated and submitted for processing. One thing is for sure, after tomorrows hearing on possession of Apartment 317, one or another bill will finally be generated and hopefully for Mr. Kilburn, he will receive a reimbursement for his losses, at least in part. On the other hand, hopefully The Reliant Group and Senior Lifestyle Corporation begin to receive the funds they deserve by resuming billing to the insurance company. As we go to press, in addition to the current active investigation by the State of Arizona, as reported elsewhere here on ALA, there are confirmed reports of the review of Arte Resort Retirement by the State of Washington, for active investigation. Lets hope the investigations by two State governments bring resolution to Mr. Kilburns care and other unmet needs that certainly have generated profits to the owners of beleaguered property awaiting more prospective occupants as records indicate Arte has generated over $100,000 in charges to Mr. Kilburns well regarded insurance provider. Again, the trial before a Judge only, is tomorrow at 3:30 PM, Arizona Time (currently the same as Pacific time), October 30, 2013 and unless a last minute settlement is arrived at, the Judge will hear arguments and make a decision as to whether or not Mr. Kilburn has a right to keep his beloved home, where he has scores of friends who have supported him through this last year of hospital stays, recuperation, and even Hospice or it should be returned to the owners for their uncertain plans. Assisted Living Abuse will report all the details, so please check back and share this and our other articles when appropriate. We thank you here on the all volunteer staff. We also welcome your posts regarding any aspect of Assisted Living Abuse. Thank you for your assistance in spreading the word about what Frontline calls, The rock no one wants to look under.
Posted on: Tue, 29 Oct 2013 16:00:38 +0000
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