Hello,
I am writing to ask a question about some language that I came across in the agreement that the Assisted Living facility is asking us to complete:
“The (facility) may require a financial disclosure at any time. Both Resident and Guarantor (Dad and me) expressly understand and it has been made clear to them before admission, that their failure to reveal complete and timely information will subsequently result in discharge of the Resident from the (facility).”
I HOPE this is standard boilerplate language, because I really don’t like the idea of the facility being privy to my Dad’s finances.
This after we’ve picked the place, got Dad to finally agree after much persuading, moved the furniture in, and have picked his move-in date.
I feel so stupid for not having seen this paragraph earlier. Does anyone have a similar experience or wisdom on this?
Any help is appreciated.
I suspect they just want to be able to discern that Pop has enough money in the bank to pay his monthly rent. If it came up -- perhaps because the bill went unpaid one month or two -- you likely would just have to show them there's money in his bank account (or yours), not his entire entire investment portfolio.
For example, a few months ago, my mom's rent didn't get from her bank who cuts the check to the nursing home. (Thank you, USPS. Grrr) Their bookkeeper called me to let me know the rent was late, I called the bank, and they reissued the check. If I'd have hemmed and hawed and put them off to avoid paying, they may have asked to see the financials or have a letter from the bank that she had the funds. They were paid in a timely manner, and it hasn't happened again, so no, they won't be getting their eyeballs on Mom's finances.
I think you'll be fine.
I know i don’t owe then anything else-but I can’t very well refuse to sign the contract based on one clause, the horse is already out of the barn, so to speak.
I guess the best I can do is supply them with a copy of his monthly SS earnings and pension earnings, if asked, and a current printout of his checking account balance and a savings account. Not everything.
Hopefully this works.
If contracts have already been signed and he has a move-in date then you've done what was expected by the facility. They are trying to slip something past the two of you that will give them permission to go into his bank accounts and to withdraw money.
Something similar happened to me when my father had to go into a care facility. I signed a document and didn't know what it was. They told me it was a standard admission form.
It wasn't. They withdrew a large sum of money even though he was fully covered by Medicare and his insurance at the time.
When I learned this, I demanded they refund the money (which they did) and insisted I be sent a written bill every month for what was owed. The bill was paid timely every month too.
A nursing home or AL is like any other 'rent'. A monthly amount is agreed upon, and you pay it. You don't owe them this or any other financial information. He met their income requirements otherwise he would not be moving in there. You don't owe them anything else.
Do not allow them to have any of his financial information or even his social security number. If you're his POA, you can insist on a written bill monthly for his cost. They want access to his finances now because they want to start pulling money out that they're not entitled to. For every manner of things like "fees" and "administration costs", etc... Don't allow that.
While they want this from you, what will they GIVE you. He got a full packet with enumation of all care levels, what they cost, what sort of raises could come yearly (3% to 5%), what staffing levels could be expected day, evening and night. What would constitute a reason for being sent to ER in terms of a fall and so on. It was very well written and laid out so that things were understood on both sides. He didn't want carpet believing it cannot conceivably be kept sanitary with mere cleaning; they put him in flooring instead in his two rooms.
But yes, in answer, they can cherry pick. They can ask for assets when they wish to. Generally won't talk to people who don't have them.
I wish you the best of luck. With ALF the thing should go both ways. They have a right to not move in someone who cannot afford the rental for more than 6 months; you have the right to know things as well.
I would also ask to be present for a meal. ALF vary incredibly in the food served.
Wishing you the best of luck.
By the way, we were never asked for financial disclosure after the initial "a million on the hoof".
Do YOU really want to be the guarantor?
Are you comfortable signing that you will pay YOUR money for dad's rent if he runs out?
I would not sign without having a lawyer review the contract.