Why You Need An Attorney for Nursing Home Contracts
For both residents and family members, nursing home admissions occur during stressful and emotional times. As a result of this pressure, residents and family members are sometimes inclined to agree to whatever conditions the nursing home represents. Some nursing homes request illegal or unfair conditions, that, if accepted, will come back to haunt the resident and their family.
Having an attorney review the nursing home contract before it can be signed will help make sure problems do not arise within the contract. Some items an attorney may look for include:
Who should sign the nursing home contract?
What provisions should the contract contain?
What provisions should be eliminated from the contract?
Does the contract contain a waiver of liability to the disadvantage of the senior?
Does the contract contain a mandatory arbitration clause?
When reviewing nursing home contracts, attorneys can also assist with the following:
Review the nursing home application before it is signed
Revise the power of attorney so that it contains all the powers you need while in a nursing home
Inventory your assets properly so that an assessment can be made about what you can afford and what access to government benefits you may have for your nursing home stay
Revise your estate planning documents now that you are in the nursing home
Draft a blueprint laying out your options for Medicaid and VA benefits eligibility
Create a strategy to protect your assets to the extent possible when being forced to spend down to become Medicaid eligible
Prepare the Medicaid application to increase your chances of eligibility
Represent you in communications with Medicaid audit personnel
Appeal any decisions that are unfavorable to you as the client in the contract
For assistance with your own or a loved one’s nursing home contract, contact us or request a consultation.