As seniors consider the transition to assisted living, it's crucial to understand the legal aspects involved.
Chris Mova, a personal injury attorney based in San Diego and Founder of Mova Law Group, has a longstanding commitment to protecting the rights of society’s most vulnerable individuals, and shares insights on navigating this important stage of life.
"The move to assisted living is a significant decision that impacts every aspect of life, from seniors’ legal rights to protections," says Mova. "Being well-informed can make all the difference in ensuring a smooth and secure transition."
Understanding Assisted Living Contracts
- Read Carefully: Take time to thoroughly review all documents, preferably with a legal professional. Question anything you aren’t clear on. For example, look for clauses about rate increases, termination conditions, and service limitations.
- Negotiation is Possible: Many aspects of assisted living contracts can be negotiated. You might negotiate for a trial period, more flexible meal plans, or specific accommodations for your needs. Don’t commit if you are not happy with the proposal.
- Understand Fee Structures: Be clear on what services are included in the base fee and what might incur additional charges. For instance, transportation to medical appointments or special dietary requirements might be extra.
Preserving Your Rights
- Right to Quality Care: Familiarize yourself with the standards of care you're entitled to receive. This includes timely assistance with daily activities, proper medication management, and respectful treatment by staff.
- Privacy Rights: Understand how your personal information will be handled. For example, know who has access to your medical records and under what circumstances.
- Right to Make Decisions: Ensure the contract doesn't unnecessarily limit your autonomy. You should retain the right to choose your own doctors, have visitors, and participate in facility activities as you wish.
Safety Considerations
Mova emphasizes the importance of safety: "In my years of practice, I've seen how crucial it is for seniors to prioritize their safety. And it's not only about physical safety. It’s also about feeling secure in your rights and decision-making power."
- Facility Safety: Inquire about safety measures in place, such as emergency response systems and fall prevention. For example, ask about the frequency of safety drills and the presence of grab bars in bathrooms.
- Personal Safety: Understand your rights regarding personal safety devices. This might include the use of personal alert systems or the facility's policy on security cameras in common areas.
- Medication Management: Clarify procedures for medication administration and storage. Ask about how the staff handles medication changes or how they prevent medication errors.
Financial Protection
- Transparent Billing: Insist on clear, itemized billing to avoid unexpected charges. You could request a sample bill to understand how charges are broken down and billed.
- Refund Policies: Understand the facility's refund policy, especially regarding entrance fees or deposits. For instance, know what happens to your deposit if you need to move out unexpectedly.
- Insurance Coverage: Clarify what types of insurance the facility accepts and what additional coverage you might need. For example, does the facility accept long-term care insurance, and are there any gaps you need to cover?
Legal Recourse and Representation
- Dispute Resolution: Understand the process for addressing grievances or disputes with the facility. Is there an ombudsman program or a resident council you can turn to?
- Access to Legal Counsel: Ensure the contract doesn't limit your right to seek legal representation if issues arise. You should be able to consult with an attorney of your choice at any time.
- Power of Attorney: Consider setting up a durable power of attorney for healthcare and finances. This allows a trusted individual to make decisions on your behalf if you become unable to do so.
Conclusion
As the saying goes, knowledge is power. And as Mova says, “ask questions, seek clarification, and advocate for yourself or your loved ones. A smooth transition to assisted living starts with being well-informed and legally protected.