Legal Question in Elder Law in Massachusetts
Assisted Living Facility - Breach of Contract
Both my parents were displaced to an assisted living facility. They hav eboth been there since right after Christmas. We sat with the director and nurses of the facility to discuss what needed to be done on a daily and weekly basis, per the contract, and until this day several of the duties that need to be done have not been. We pay $8000 per month for my parents to live there and we expected their contract to be adhered to. It has not. We are now bringing my parents home because even with constant reminders of tasks that are not being down for my parents per their contract we need to have them cared for properly. We feel my parents should get compensated for duties that were not done for them while they lived there. Since they signed a lease for 1 year and are leaving earlier, the facility's contract states they have to give a two month notice. They can leave anytime, but still have to pay $16,000 for the 2 mos. Is there anything we can do to help them? A concerned daughter
1 Answer from Attorneys
Re: Assisted Living Facility - Breach of Contract
Assisted living contracts are in something of a legal grey zone. The Department of Elder Affairs is developing regulations which will govern these documents; but in the meantime, there are aspects which are governed by landlord-tenant law, others which may be governed by laws applicable to clinical professionals.
If what you say is true, you may have grounds to breach the contract. However, before you do, be sure that you have carefully documented the facility's failure to provide the services which it promised to deliver. Try as best you can to put together a log of who-said-what-when, and have your parents make a written request for a copy of all records which have been kept -- financial, nursing, etc. Then meet with an experienced landlord-tenant attorney and discuss your options.
Just remember -- your parents' safety comes first. If it's really unsafe for them to be there, get a geriatric care manager to help you set up services at home before you move them out.
Good luck to you!
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