man considering Long-Term Care Admission AgreementWhen a loved one is being processed for admission into a long-term care facility, either a nursing home or assisted living facility, the family typically goes through a great deal of anxiety. One of the many confusing issues involves the facility admission agreement. Facility admission agreements tend to be quite lengthy and have many potentially confusing clauses or provisions. When reviewing these agreements, please consider the following:

  1. The elder should sign when possible. If the elder is deemed competent, this should be the first choice.
  2. The attorney-in-fact should sign when the elder is unavailable.
  3. The attorney-in-fact should sign for the elder, not as the responsible party. Generally speaking, it is preferred to legally bind the elder to payment, not the person signing the agreement, for any bills from the facility.
  4. The arbitration agreement, if present, should be crossed out when possible. Most facilities do not object to this action.

Of course, when you are looking at moving your loved one to a facility, we can help you choose the correct placement and review the facility agreement, among other legal matters.

D. Rep DeLoach III
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Estate Planning and Board Certified Elder Law Attorney
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