You don’t want to wait for a crisis to start planning for a move to senior living. Delayed decision-making and lack of research are two reasons seniors and their families come to the table of an assisted living admission feeling vulnerable and uninformed. Volumes of paperwork must be signed and, for the exhausted family member handling a crisis, this added pressure can get your relationship with the facility off on the wrong foot.
Each facility is required to have specific documents upon admission to meet the guidelines of the State. Additionally, some facilities have more paperwork specific to their company that helps build resident profiles and improve the delivery of care and services. When you feel rushed to make a decision, absorbing all of this information can feel overwhelming.
Rather than being wary of the process, let’s be aware of what to expect and get a brief overview of the main document for a move into assisted living – the Residency Agreement.
Be Aware of the Residency Agreement
- Terminating residency
- Levels of Care
- (Un)expected add-ons
1. Assisted Living in Florida is a month-to-month contract.
Every resident can terminate their agreement with a 30-day written notice. Your contract is for one year with automatic renewal and you can choose to leave at any time during that year. The purpose of a one-year contract is to lock in your base rent (which can only be increased once a year) and outline the terms and conditions of residency.
Care needs change, facility leadership changes, and even ownership and management of the facility can change. Any of these factors may cause a resident to look for another senior living community. A resident can give 30 days’ notice at any time, for any reason, and vacate their apartment. You can leave before the 30 days are over, but you are financially responsible for the apartment for the full notice time.
Can an Assisted Living Evict Residents?
In short, yes. For Florida assisted living residents, the State provides specific guidelines for when a resident can be asked to leave. For most situations, the facility must provide the resident or their legal representative with a written 45-day notice to vacate. The letter must contain the reason for relocation and provide contact information for the Long-term Care Ombudsman Program.
Immediate Termination of Residency
Pattern of behavior that is harmful or offensive to other residents
Physician states level of care is higher than assisted living can provide
Other reasons a facility may give a resident 45-day notice include non-payment and violation of rules (i.e. smoking in apartment). In general, assisted living facilities would rather work with a resident and family than go through the eviction process. Understanding your rights in this area and partnering with the facility for a solution could prevent relocation in some situations.
2. Every assisted living facility has its own system for Levels of Care.
It is important to understand how your chosen assisted living facility charges for care. Some facilities have Levels of Care while some charge an “all-inclusive” rate. All facilities should assess potential residents to determine what type of care they need and if the facility can provide that care. The assessment will include input from the resident, family, and the Form 1823 (Resident Health Assessment for Assisted Living Facilities, April 2021). Often the assessment assigns point values to care tasks which, when added up, translate into a Level of Care fee.
As care needs increase, so will the Level of Care charges – which could affect the sustainability of your facility choice. The contract won’t outline how the Level of Care fees are determined. However, it usually includes how often you can expect changes in Levels of Care and how they will be charged upon determining additional care is needed.
Why Do Assisted Living Facilities Have Levels of Care?
Correct care levels are pivotal to the safety and well-being of residents. These care levels indicate the amount of time required per resident and determine how much staff is needed to provide care. The resident and their family members should be involved in the assessment process to be sure the resident’s needs can be met.
Types of Care
All-Inclusive
Levels of Care
A la carte
All residents move in on a Level of Care determined from the information provided during the initial assessment. After 30 days (and other times as specified in the contract), the facility may determine that they have underestimated (or overestimated) how much help the resident needs and will change the Level of Care. Whether the Level of Care charge goes up or down, the resident and family need to be involved in that change and understand how it will affect day-to-day care.
3. Your Residency Agreement must include a Schedule of Fees for additional charges.
Within the facility contract, you must be provided with a breakdown of any additional fees that can be added to your account. This Schedule of Fees serves as advance notice for charges on services that could be added in the future. For example, upon admission, your loved one might not need assistance with medications, but the Schedule of Fees lists that service as $300/month, should you need it in the future.
Additional Services and Fees
Medication assistance
Transportation
Nursing Services (per scope of license)
Salon Charges
Additional housekeeping/laundry beyond what is provided by contract
Pet deposit/monthly pet care
It is important to be familiar with this section of the contract because it can impact affordability as needs increase. Your loved one may never need some of the services listed on the Schedule of Fees, but knowing the cost in advance can help you plan accordingly for the future.
Resident Contracts are a Pathway to Conflict Resolution
While you may feel that the many pages included in a Resident Contract are overkill, those pages will serve as a roadmap for how issues will be handled in the future. Often, questions that come up after a resident moves in can be answered within the four corners of the Residency Agreement. Whether you are executing a planned move or working through a crisis, have your Elder Law Attorney review the Resident Contract for added peace of mind.
Above All – Ask Questions
Ultimately, when you sign a Resident Contract, you are bound to its terms. Even if you felt rushed, pressured, or didn’t take the time to read the document. Ask for a copy before your Contract Signing Appointment and highlight areas where you have questions. They can provide you with a clean copy for signature – it’s important that your relationship with the facility starts with a clear understanding and that involves asking questions.
Pro-tip: After your loved one is settled into their chosen assisted living facility, re-read the Residency Agreement. Schedule an appointment with the facility Administrator after 30 days to clarify any areas that are still unclear.
A relationship with a trusted Elder Law Attorney is invaluable when preparing to move to senior living. From helping you create a financial plan to ensuring your Estate Planning documents are in order, Elder Law Attorneys help you navigate the challenges of growing older. Learn more about this Resource We Love in the Legal and Financial Section of our Blog.