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You are here: Home / Assisted Living / Assisted Living Resident Agreements: Key Pitfalls and Considerations

July 17, 2024 By Paul Markowitz

Assisted Living Resident Agreements: Key Pitfalls and Considerations

Choosing an assisted living facility for a loved one is a significant decision, and the resident agreement is a critical document that outlines the terms and conditions of their stay. For families in the Dallas-Fort Worth area, understanding this agreement’s complexities is essential to ensure your loved one’s well-being and financial security. Here are some key pitfalls and considerations to keep in mind when reviewing an assisted living resident agreement.

1. Services and Fees

One of the most important sections of the resident agreement is the description of services and associated fees. Ensure that the document clearly outlines which services are included in the base fee and which require additional charges. This includes personal care, housekeeping, laundry, meals, and transportation. Be wary of vague language that could lead to unexpected costs.

2. Rate Increases

Inflation and other factors can lead to rate increases, which should be clearly addressed in the agreement. Look for information on how often and by how much rates can be increased. Some agreements may include a cap on annual increases, while others might not. Understanding this can help you plan for future financial commitments.

3. Discharge and Eviction Policies

Review the facility’s policies on discharge and eviction carefully. Understand the circumstances under which a resident may be asked to leave, such as non-payment, changes in care needs, or behavioral issues. Ensure there is a clear process for addressing disputes and that your loved one has adequate protection against unjust eviction.

4. Grievance Procedures

It’s essential to know how grievances and complaints are handled. The agreement should include a clear, step-by-step process for residents and families to voice concerns and seek resolutions. Knowing this process in advance can provide peace of mind should any issues arise.

5. Medical and Personal Care

Understand the extent of medical and personal care provided by the facility. This includes how medications are managed, how medical emergencies are handled, and the qualifications of the staff providing care. Ensure that the agreement specifies the level of care your loved one needs and how it will be provided.

6. Arbitration Clauses

Some agreements include arbitration clauses, which require disputes to be resolved through arbitration rather than in court. While arbitration can be faster and less expensive, it may also limit your legal options. Consider the implications of agreeing to arbitration and consult with a legal professional if necessary.

7. Termination Notice

Review the notice period required for terminating the agreement, both by the resident and the facility. Understanding the terms of termination, including any penalties or conditions, is crucial for future planning.

Reviewing an assisted living resident agreement requires careful attention to detail. By understanding these key pitfalls and considerations, families in the DFW area can make informed decisions and ensure their loved ones receive the best possible care. At Senior Living Specialists, we are here to help you navigate these complex documents and find the right fit for your family’s needs.

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