But be prepared to be shocked & sickened. This New York Times article is important info for every family & older person to know. What's what in YOUR state?
A very elderly woman was killed by her almost equally elderly roommate. Per the contract, any claims for redress or responsibility by the family/estate has to go to arbitration rather than through the legal channels.
What does that mean? Among other things, no public knowledge of the situation. That's downright scary. And the hush-hush nature of arbitration means that people researching nursing homes can't detect patterns of wrong-doing for a particular facility.
Countless nursing home residents & their loved ones are clueless about the arbitration clause, often buried in contracts which are difficult for a legal eagle to navigate & understand, let alone an older person or a concerned child.
Time after time, judges hearing cases against nursing homes that deferred to arbitration have upheld the clauses, even if the people signing the contract didn't understand the rights they were forfeiting. The core principle of contract law is once it's signed, it's binding.
In the current case, the plaintiff - the victim's son - has used contract law to bolster his case. On behalf of his mother, his signed the admissions paperwork. Here's how the case moved forward - his lawyers argued that while he was her health care proxy, the son had no authority to legally bind his mother to arbitration, which is not a health issue. Two years ago, a judge agreed & ruled in his favor.
This goes way past "caveat emptor' - the buyer needs not only beware, but be hyper vigilant. Signing admissions paperwork might seem to be simply a formality, but it can be more, much more.
Thoroughly read everything you sign on your own behalf or someone else. ASK are grievances & potential litigation handled? People, especially older people who already feel at risk, can be leery of sounding like a potential trouble maker. Tough - you need answers.
Read the article. Reread it. Cut it out to share & file. Then stiffen your spine, square your shoulders, reread any paperwork you've already signed, ask any questions that may need to be clarified. KNOW what you're dealing with before any situations might come up.
Be aware, be prepared, be willing to be considered a pain in the neck. It matters.
Credits
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