They can't, Mikey. Once he has been assessed as needing more care, it is illegal to keep him in the wrong place. I see how harsh it is, but he needs to be somewhere he can be looked after properly. We had the same problem sometimes. We had nursing units upstairs, but weren't allowed to move people from the residential units downstairs, because of the application process, so one spouse could be moved out to a different home, even when their husband/wife was upstairs.