FindLaw | Find a Lawyer. Find Answers.
Are you a legal Professional?
ABA Family Legal Guide
The Rights of Older Americans
Housing and Long-Term Care Options
Retirement Communities
What sorts of things do I need to consider before moving into a continuing-care community?
This is a major financial investment, frequently using up most or all of an older person's financial resources, so consider it carefully and seek professional advice from a lawyer or a financial adviser before you make a commitment. You may not be able to get your money back. Be sure to visit the facility at length and talk to both staff and residents. The following checklist highlights key questions you should ask.
Solvency and Expertise of the Provider
1. What is the provider's background and experience? The provider is the person or entity legally and financially responsible for providing continuing care. Some facilities may advertise that they are "sponsored" by nonprofit groups or churches that in reality may have no legal control or financial responsibility. Be wary if such illusory sponsorship is trumpeted in sales literature.
2. Is the provider financially sound? Have the facility's financial, actuarial, and operating statements reviewed by a professional. Determine whether the facility has sufficient financial reserves.
3. Are all levels of care licensed or certified under applicable state statutes regulating continuing-care, assisted-living, and nursing-home care?
4. How does the facility ensure the quality of care and services provided? Is the facility accredited by any recognized private accrediting organization?
Fees
5. What is the entrance fee, and when can you get all or part of it back? The facility should provide a formula for a pro rata refund of the entrance fee, based on the resident's length of stay, regardless of whether the facility or the resident initiates the termination. Some facilities offer the option of fully refundable entrance fees.
6. What is the monthly fee? When and how much can it be increased? What happens if fee increases exceed your ability to pay? Some facilities have a program that grants financial assistance to residents whose income becomes inadequate to pay increasing monthly fees and personal expenses.
7. Will fees change when the resident's living arrangements or level-of-care needs change (for example, transfers from independent living, to assisted living, to nursing care)?
Services and Health Care
8. Exactly what services are included in the regular fees? Especially inquire about coverage, limitations, and costs of the following:
Housing/Social/Recreational
• Meal services
Health and Personal Care
9. If the facility provides a nursing unit, what happens if a bed is not available when you need it?
10. To what extent does the facility have the right to cut back, change, or eliminate services, or change the fees?
11. Does the facility limit its responsibility for certain health conditions or preexisting conditions? When are you too sick or impaired to be cared for by the facility?
12. Can you receive Medicare and Medicaid coverage in the facility?
13. Does the facility require residents to buy private insurance or participate in a special group insurance program for residents?
14. What are the criteria and procedures for determining when a resident needs to be transferred from independent living to assisted living, or to a nursing-care unit, or to an entirely different facility? Who is involved in these decisions?
Residents' Rights
15. What does my living unit consist of, and to what extent can I change or redecorate it?
16. What happens if I marry, divorce, become widowed, or wish to have a friend or family member move into the unit?
17. What rights do residents have to participate in facility management and decision making? How are complaints handled?
18. On what grounds can residents' contracts or leases be terminated against their wishes?
19. What other rules and policies cover the day-to-day operation of the facility?
20. Does the contract release the facility from any liability for injury to a resident resulting from negligence by the facility or third parties? Such waivers should be avoided.
Copyright © 2004 American Bar Association