Nursing Home Admission Agreements…Read the Fine Print!

In Jacksonville Florida there are many Nursing homes. Some of them have very long agreements and some are very complex. You should review them carefully and make sure you look out for liberal guidelines regarding when a resident can be evicted, very restrictive visiting hours for family members, and requiring that a family member accept financial responsibility for the resident. These types of requirements may violate federal law; specifically, the Nursing Home Reform Act of 1987. This law is summarized by AARP

Other concerns I have touched on are the ability for someone with a durable power of attorney in Florida to bind the resident or heirs to using binding arbitration in future claims. You may want to have specific language in the durable power of attorney which prohibits the signing or agreement of a mandatory arbitration agreement on your behalf. You have the right to a trial by jury in the United States and may not want your agent acting under a Durable Power of Attorney to Waive your rights.

It is generally a good idea to have an Florida Elder Law Lawyer or Florida Estate Planning Lawyer review a nursing home agreement.