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Nursing Home Rights in Florida: What Every Resident & Family Should Know
Protecting Your Loved Ones from Unfair Nursing Home Practices
Many Florida families face difficult decisions when a loved one needs nursing home care. What most don't realize is that nursing homes often include problematic clauses in their admission agreements that can create financial and legal headaches for residents and their families.
As a Florida elder law firm, we've seen countless admission agreements that attempt to bypass federal protections designed to shield residents and their families. This article outlines key rights you need to know when dealing with nursing home admissions in Florida.
You Cannot Be Required to Personally Guarantee Payment
This is perhaps the most important point: Nursing homes cannot legally require that anyone other than the resident personally guarantee payment of the nursing home bill.
Many facilities try to circumvent this protection by using confusing terminology. They'll often ask a family member to sign as the "responsible party." This can be misleading because:
- You may indeed be "responsible" as a power of attorney or guardian
- You may handle monthly income transfers to the facility
- You might be the main family contact and visitor
However, there's a crucial distinction between familial responsibility and financial responsibility. Being the person who helps manage your loved one's affairs doesn't make you personally liable for their nursing home costs.
If you're asked to sign as a "responsible party," you should:
- Have an attorney review the agreement before signing
- Strike out any provision making anyone besides the resident personally responsible for payment
- Clarify in writing that you're signing only as the resident's representative, not as a personal guarantor
You Cannot Be Forced to Sign Arbitration Agreements
Another common tactic is burying arbitration agreements within admission paperwork. These agreements waive your right to sue the facility in court if something goes wrong.
Important facts about arbitration agreements:
- Nursing homes cannot require residents to sign them
- If you've already signed one, you have 30 days to send a letter rescinding your agreement
- Arbitration typically favors the facility, not the resident
Many families don't notice these clauses amid the stack of admission paperwork. Always review documents carefully or have an attorney review them before signing.
How to Protect Assets While Ensuring Care
For many Florida families, the concern about payment guarantees stems from worry about affording nursing home care, which can cost $8,000-$10,000 monthly.
There are legitimate, ethical ways to protect assets while qualifying for assistance. In Florida, proper Medicaid planning can help cover nearly the entire cost of nursing home care while protecting:
- The resident's assets
- A spouse's financial security
- Family inheritance
This planning must follow Florida's specific Medicaid rules and should be done with proper legal guidance.
Need Help With Florida Elder Law Matters?
Our Florida elder law firm helps families throughout the state with:
- Medicaid planning
- Estate planning
- Probate
- Nursing home rights
- Elder abuse protection
Get Our Book on Medicaid Planning
For more information on how Medicaid can help with long-term care expenses, check out our book: "Medicaid can pay for some of your long-term care expenses"
Contact Us
If you or a loved one face nursing home admission in Florida, contact us before signing any documents. We serve clients throughout Florida.
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Don't let nursing homes pressure you into agreements that compromise your rights or finances. With proper planning and legal guidance, you can ensure quality care while protecting your family's financial future.
This article provides general information about nursing home rights in Florida and should not be considered legal advice. Laws and regulations change frequently. Always consult with a qualified elder law attorney about your specific situation.
