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Difference between revisions of "Common Legal Matters in Contracts in Residential Care Admission and Transfer"
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Common Legal Matters in Contracts in Residential Care Admission and Transfer (view source)
Revision as of 23:06, 3 July 2014
, 23:06, 3 July 2014→Payment Default and Guarantees
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Some operators make efforts to require someone else (e.g., a family member, attorney, representative, substitute decisionmaker) to pay, if the resident defaults in payment or if the resident’s income falls short of the minimum accommodation rate. If the resident’s income is insufficient to pay for basic accommodation in a subsidized facility, the resident may apply for a rate reduction. While the Operator does not have access to the resident’s income information, the Operator should assist the resident (or whomever the resident has chosen to help, including substitute decision-maker) to know how to apply or re-apply for a subsidy. | Some operators make efforts to require someone else (e.g., a family member, attorney, representative, substitute decisionmaker) to pay, if the resident defaults in payment or if the resident’s income falls short of the minimum accommodation rate. If the resident’s income is insufficient to pay for basic accommodation in a subsidized facility, the resident may apply for a rate reduction. While the Operator does not have access to the resident’s income information, the Operator should assist the resident (or whomever the resident has chosen to help, including substitute decision-maker) to know how to apply or re-apply for a subsidy. | ||
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. | 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.([[Chapter Three Legal Issues in Residential Care References|35]]) | ||
==Signing as a Substitute Decision-Maker (SDM)== | ==Signing as a Substitute Decision-Maker (SDM)== | ||
