When you place your elderly loved one in a nursing home, the facility may ask you to sign a document called a nursing home admission agreement. Before you sign, however, you would be wise to carefully read it over. This type of agreement typically contains two provisions that could adversely affect your rights and liabilities if you sign them hastily. Those provisions are as follows:
Binding arbitration agreement. This provision allows a nursing home nurse to decide all disputes through arbitration. Once you sign on the dotted line, you sign away all your rights to go through the courts to resolve any dispute that arises. While this provision is not illegal, you are do not have to sign it. To be on the safe side, cross out any arbitration language in the nursing home admission agreement before signing it.
Responsible party requirement. This provision makes you responsible for your loved one’s nursing home expenses. Only the nursing home resident is required to be liable for their expenses, but many nursing homes will attempt to get family members to agree to foot the bills. If possible, have your loved one sign this provision. If this not possible, you may sign as your loved one’s agent and make it clear to the staff that you are signing only as an agent. Cross out any terms in the agreement that indicate you will be responsible for paying any expenses. These terms may include “financial agent”, “responsible party” or any other similar terms.
