Matthew W. Lucas

703.821.5522

In an assisted-living facility, residents pay rent for an apartment and receive any additional help they may need in bathing, dressing, getting around and even eating. Their health is constantly monitored by the staff, who make sure the residents take all their medications. Meals are usually provided, as well as laundry and housekeeping services. 

Best of all, there are group activities to be enjoyed with the other residents. Since the services provided can vary significantly, it is imperative to review the assisted-living residence agreement carefully. 

Some things to consider are:

• Does it spell out exactly what services are included for the base rental rate and which services incur additional fees? (i.e., while assistance with bathing and dispensing of medication may be standard services, housekeeping and laundry service may be extras.)
• How often are the housekeeping services (cleaning the room and changing the linens) performed?
• Does the contract specify how many meals a day are included? 
• What does the contract say about termination if the resident's condition deteriorates to the point where he or she needs a nursing home or hospital care?
• What is the extent of the  facility's liability for harm the resident may suffer? (In some states, but not all, such provisions are illegal.)
• How are disputes settled? Does the contract substitute mandatory arbitration for the resident's right to sue? While litigation may not involve out-of-pocket legal costs if the case is successful, in an arbitration each side typically must pay its own legal expenses.  
• What are the rates and rate of increases? It would be tragedy to have to move the resident from the facility after he or she had come to love it.