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.
If you are unsure of the rules and regulations regarding the contract you are signing, please seek legal advice.
Have 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.
Have you had the talk? If not, what are you waiting for?