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Office Hour Change

Effective January 16, 2015, our hours will be as follows:


Monday – Thursday 9 am to 5 pm
Friday – 9 am to noon


We will be unavailable for appointments or phone calls on Friday afternoons, so that we may finalize our work for the week. This also ensures that we have some uninterrupted time to devote to the needs of our clients.

Facility Move Out Notices: How Much Time is the ALF Required to Give?

OrlandoGuardian.com Contract Authority

Image Credit: NobMouse

 

Whenever you are entering into any contract, it is important to know the many rules surrounding the contract. What rights and responsibilities does the company providing the service have, and likewise what rights and responsibilities does the consumer have?

 

If you’re not an attorney, and don’t know many of the laws and statutes, it can be difficult to know if the contract that you are agreeing to is legal or not.

 

Lately, we’ve been noticing that there are some stipulations in Assisted Living Facility contracts that aren’t exactly legal, according to the Florida statutes.

 

First, it’s important to know that we are not attorneys, nor do we play them on TV. If youhave any question about the legality of a contract, please consult an attorney prior to signing.

 

The problem we’ve been coming across has to do with move out notices, and the amount of time a facility is required to give, versus the amount of time the resident is required to give.

 

Assisted Living Facilities are required by law to provide a 45 day notice to the resident when they are asking them to move out. Likewise, residents are required to give a facility a 30 day move out notice.

 

“However, a resident may not be required to provide the licensee with more than 30 days’ notice of termination.” Florida Statute 429.24(3)(a).

 

We’ve been noticing recently that some facility contracts have a clause, whereby the resident agrees to give a 45 day notice if they intend to move out. Technically, this is illegal, however many people do not know this, and sign a contract holding them to this stipulation.

 

To solve this problem for our clients, whenever we encounter this issue, we give the facility a copy of the statute showing this clause, and ask them to change that stipulation on the resident’s contract.

 

Click here to visit Online Sunshine, to obtain a copy of the statute for your records.

 

If you are unsure of the rules and regulations regarding the contract you are signing, please seek legal advice.

 

The Conversation Project in Central Florida

 

OrlandoGuardian.com The Conversation Project in Central FloridaHave you had the conversation? You know the one – the difficult talk you have with your loved ones about their end of life wishes and plans?

 

Death is the only guarantee in life. And while you may not get to choose when you die, you can at least make it easier for you and the ones you love by having a plan in place when the time comes.

 

But what if you don’t know what to say, or where to begin the conversation? There is one organization in Central Florida that is helping families to communicate about this difficult subject.

 

The Florida Gerontological Nurses Association (FLGNA), through a grant from the Winter Park Health Foundation, has started a local chapter of The Conversation Project, to help families in Central Florida have the conversation about their needs and end of life wishes.

 

They can provide resources to help you put the necessary legal documents in place to make sure your wishes are documented. And, if you’re having a hard time even starting the conversation, they have coaches available to assist you and your loved ones with these difficult talks.

 

To learn more about The Conversation Project in Central Florida, visit FLGNA’s website.

 

Have you had the talk? If not, what are you waiting for?

 

Contract Authority Conversation: How Do You Handle Multiple Designations and Other Clauses? – August Newsletter

Chronicles of a Professional Guardian

 

Serving as Care Managers, Elderly & Disabled Life Care Plan Assessors, and providing Professional Guardian services in Central Florida for over 20 years, we have discovered unique solutions to many difficult problems.

 

We are continuing our tradition of giving back by sharing our knowledge in the hopes that this information can help others to better serve and care for our elderly and disabled population.


Contract Authority Conversation: How Do You Handle Multiple Designations and Other Clauses?

 

OrlandoGuardian.com Contract Authority

Image Credit: Flickr.com / NobMouse

If you are the responsible party for an individual, whether you are their guardian, durable power of attorney (DPOA), or some other legal designation, it is likely that you are the one that is completing and signing the facility or other service provider contracts on a regular basis. But how do you know who and what to sign as, and what your responsibilities entail with that particular contract?

 

Over the years, we’ve seen these types of contracts go from something simple and easy to complex, long forms with complicated questions, and even more complicated legal designations.

 

Many times, the contracts we encounter now leave us wondering, “How do I answer this question?” and, “What does it mean if I choose this legal designation over that one, and how does my choice change my contractual obligations?”

 

For instance, if you are the DPOA of an individual should you list yourself as a) the responsible party, b) fiduciary, or b) the financial responsible party? What do the responsibilities of each one of these designation entail and how to they differ from one another? Are you giving away rights if you sign as one and not the other? Or, are you accidentally changing your lability, rights, and responsibilities if you sign as something that you are not?

 

To complicate the matter, as the guardian you are all of these things and more. But should you really be signing as one of these items when there is option to choose the guardian designation? Or should you scratch out their designations and write in your own?

 

What about contract clauses like photo authorizations? Do you allow photos to be taken of your client for medical purposes, for facility or service provider marketing, for birthday lunches? Is there a reason where allowing someone to photograph the person you are responsible for is more appropriate?

 

And what about arbitration agreements? Is it ever okay to sign them, or do you always cross this section out?

 

Sometimes, we connect with our attorney to see what the best and most appropriate thing is to do with a specific contract for the client. But is it appropriate to do this every time, with every contract?

 

For us, contracts are more of a trial-and-error thing. Often, we cross out the listed legal authority designations, and write in our own, like “legal guardian.” But should we be doing this? Should we scratch out items on contracts and insert our own changes and contractual stipulations?

 

When it comes to contracts, what do you do? We are curious to see how others handle contracts for their clients. Is there something you always do with a contract? Is there a certain designation you will never sign as? Or, do you have an important life lesson about signing as one designation when you should have signed as another?

 

We’d love to get a discussion going about you and your experiences, whether you’re someone’s guardian, DPOA, other legal authority, or if you have lessons from contracts you’ve signed for yourself.

 


Did You Know?

 

That there is such a thing as a Gun Trust? What is a Gun Trust? Why would someone need one? What should you (as a the guardian, or other legal authority) do when your client has a Gun Trust?

 

We thought we had a good handle (no pun intended, ha-ha) on clients with guns, but at this years FSGA conference, we learned about Gun Trusts for the first time, proving you can never know too much. Stay tuned for more information to appear in our newsletter and blog about Gun Trusts, what they are, and why senior care professionals may need to know about this topic.

 


Tip of the Month:

 

There are new facilities and communities cropping up across the country that cater exclusively to deaf individuals and their families. So far, 8 different states -California, Colorado, Massachusetts, Michigan, Ohio, Oregon, Pennsylvania, and Texas – have Assisted Living Facilities for the deaf. Other states have nursing facilities, apartments, and other residential services for deaf individuals.

 

For more information and resources, visit the National Association of the Deaf’s Senior Resources page.

 


Blog Posts:

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