Difference between revisions of "Common Legal Matters in Contracts in Residential Care Admission and Transfer"

No one else should be required to make up the difference between the resident’s income and the accommodation rate. Residents are not required by law to provide a guarantor or designate a representative. Even if the resident supplies the name of a family member or friend as a contact person, that person will not be legally obligated to make payments from their own funds unless that person has signed the admission contract under conditions where it is clear they are assuming that legal responsibility.

If the resident is not mentally capable of signing an admission agreement, then a substitute decision-maker may sign on behalf of the resident. The Ministry of Health policy requires the agreement to be in writing.  However the law does not require a substitute to sign the written agreement in these circumstances.  In some instances, the substitute decision-maker may not want to if there are specific clauses in the agreement that cause concern.